Mailey & Theron

This case concerned parenting and property settlement disputes between Mr Mailey (the applicant husband) and Ms Theron (the respondent wife). The parties sought final orders regarding their child's living arrangements, time spent with each parent, and the division of their assets. A significant point of contention in the parenting matters related to the commencement time of the husband's time with the child on certain days and the wife's opposition to overseas travel with the child until a specific age. In the property settlement, the parties disputed the retention of the former matrimonial home and the husband's superannuation.

The court was required to determine the best interests of the child in relation to the proposed parenting arrangements, specifically addressing the timing of the child's handover to the husband and the conditions under which international travel would be permitted. In relation to property settlement, the court needed to consider the contributions of each party, their future needs, and the overall modest pool of assets, given the short duration of the relationship, to achieve a just and equitable distribution.

Berman J applied the principles of the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the child, as outlined in section 60CA. The court considered the objects and principles set out in section 60B, and the primary and additional considerations under section 60CC, including the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court noted that the parties had agreed on equal shared parental responsibility and that the child would live with the wife, with specific time arrangements for the husband. The court also addressed the property settlement by ordering the husband to transfer his interest in the former matrimonial home to the wife, with the wife to refinance the associated loan and pay a sum to the husband. The husband was permitted to retain his superannuation and other specified assets, with each party to indemnify the other regarding their respective liabilities.

The court made orders reflecting the agreed parenting arrangements, including specific time allocations for the child to spend with each parent, provisions for communication and travel, and a requirement for mediation regarding future overnight stays with the husband. The court also finalised the property settlement, ordering the transfer of the Suburb D property to the wife, a payment from the husband to the wife, and the retention of other assets by each party, subject to specific indemnities. The court also ordered that the husband pay the settlement sum within 28 days, given his available funds.