Lay and Winter

This matter concerned the parenting and property settlement of the Husband and Wife, with O'Ryan J presiding. The dispute involved the children of the marriage, born in 2000 and 2004, and the division of the former matrimonial home.

The court was required to determine arrangements for the children's day-to-day care, welfare, and development, including the Wife's relocation with the children to the Gold Coast, Queensland. Additionally, the court needed to make orders regarding the sale of the former matrimonial home and the distribution of its proceeds, as well as the division of other assets and liabilities.

O'Ryan J ordered that the Husband and Wife have equal shared parental responsibility for the children's long-term care. The Wife was permitted to relocate the children to the Gold Coast, with specific arrangements for the children's time with each parent during school terms and holidays, ensuring regular contact for the Husband. The court also ordered the sale of the former matrimonial home, with the proceeds to be distributed with 51.73 per cent to the Wife and 48.27 per cent to the Husband after payment of sale costs and the mortgage. The Husband was to retain sole ownership of certain business interests and superannuation, while the Wife was to receive spousal maintenance of $1,200 per week for twelve weeks following her relocation. Specific orders were also made concerning the K Superannuation Fund, directing 100 per cent of any splittable payment otherwise payable to the Wife to be paid to the Husband.