MACDOUGAL & BENSON

The case of *MacDougal & Benson* involved a dispute before Dessau J concerning property division and children's matters. The wife, as trustee for the children, was ordered to transfer funds from accounts held in the children's names to discharge a debt owed to an Owners Corporation for a property. She was also directed to sell Telstra shares held in the children's names, with the proceeds to be applied towards body corporate levies for the property and instalments for vehicle leases.

The court was required to determine the disposition of various assets, including funds held in children's trust accounts, Telstra shares, two motor vehicles (a Range Rover and a Mercedes), and the division of properties in Suburb G and Suburb H. Additionally, the court addressed issues relating to parental responsibility, the children's living arrangements and time spent with each parent, and the conduct of the parties concerning the children. The court also considered the disclosure obligations of both parties and the costs associated with the proceedings.

Dessau J made orders by consent and not by consent, addressing the property and children's issues. The wife was ordered to facilitate the sale of the Range Rover and Mercedes, with proceeds to discharge respective finance leases and reimburse the husband for sale expenses. She was also required to make properties available for the husband to collect chattels. Both parties were ordered to provide full disclosure, and the wife was to notify the husband's solicitors of any payments made to her own legal representatives. The court also made orders regarding parental responsibility, with equal shared responsibility for the children, who were to live with the wife. The children were to spend time with the husband under specific conditions, including the attendance of the husband's mother. The parties were restrained from denigrating each other, discussing proceedings with the children, or showing them related documents. Both parties were ordered to attend post-separation parenting courses and were restrained from administering physical chastisement or verbal abuse to the children, or being under the influence of illicit drugs while the children were in their care. The wife was also restrained from using any surname for the children other than "[MacDougal]". Finally, the wife was ordered to pay the husband's costs of a specific hearing.