Landon and Landon (No. 3)

In *Landon and Landon (No. 3)*, the Honourable Justice Rose of the Family Court of Australia considered parenting, property settlement, and child support matters between the husband and wife. The parenting dispute centred on the best interests of the parties' two children, J and H, and involved allegations of family violence, including child sexual abuse, which raised questions about rebutting the presumption of equal shared parental responsibility. The property settlement issues concerned the division of assets, including a property held by the second and third respondents, and whether these interests were held on trust for the husband and/or wife, with considerations of resulting, constructive, and unconscionable conduct. The court also addressed the wife's application to depart from a child support assessment.

The court was required to determine whether the presumption of equal shared parental responsibility should be rebutted in light of the allegations of family violence and the paramount consideration of the children's best interests. In relation to property, the court had to ascertain the beneficial ownership of certain assets, including those held by third parties, and consider the application of principles relating to resulting and constructive trusts, as well as unconscionable conduct. Furthermore, the court needed to decide whether the wife's application for a departure from the child support assessment was "otherwise proper."

In its parenting orders, the court found that the children should live with the wife and that she should have sole parental responsibility for major long-term issues, subject to consultation with the husband. Specific time arrangements were ordered for the husband to spend with the children, along with provisions for communication and the supervision of swimming. Regarding property, the court ordered the sale of a specified property and the distribution of the proceeds, with a division of 48.59% to the wife and the balance to the husband after the payment of expenses and liabilities. The court declared the parties to be the beneficial owners of personal property in their respective possession. The wife's application for a departure from the child support assessment was dismissed.