LEWIN & KIERNAN

In the matter of Lewin & Kiernan, Judge Obradovic of the Federal Circuit Court of Australia determined parenting and property matters between the parties. The proceedings were undefended, with the applicant seeking orders for the child to live with her and a significant adjustment of the parties' interests in their property in her favour.

The court was required to determine the living arrangements for the child X and to consider whether the proposed property adjustment was just and equitable. This involved assessing the division of various assets, including the former matrimonial home, motor vehicles, household contents, and superannuation interests, as well as the allocation of liabilities.

The court ordered that the child X live with the mother, with time to be spent with the Respondent as agreed. In relation to property, the Applicant was to discharge the mortgage on the former matrimonial home and receive the Respondent's interest in it. The Respondent was to retain his motor vehicle and superannuation, while the Applicant was to retain household furniture and contents. A specific superannuation splitting order was made pursuant to section 90MT(1)(a) of the Family Law Act 1975, allocating $55,000 to the Respondent from the Applicant's superannuation interest. Each party was to be solely responsible for their own liabilities. The court also made provision for a Registrar to execute documents if a party defaulted on the orders.