Martin & Buller (No 2)

In this matter before Carew J, the applicant sought orders concerning the children's welfare and the division of property. The dispute involved the children spending time or communicating with the respondent, and the division of a minimal property pool. The respondent did not file material or appear at trial.

The court was required to determine whether the children should spend time or communicate with the respondent, considering the risk of harm in the respondent’s care and the perpetration of family violence. Additionally, the court had to address the division of property, including a jointly owned property and superannuation interests, within the context of a de facto relationship.

Carew J found that the presumption of equal shared parental responsibility was rebutted due to the risk of harm and family violence, and therefore made orders for the applicant to have sole parental responsibility for the children, with the children living with the applicant and having no time or communication with the respondent. In relation to property, the court noted the minimal property pool and equal contributions to the date of separation, making no adjustment for post-separation contributions. The applicant was appointed trustee for sale of the property, with the respondent required to vacate within 28 days. The proceeds of sale were to be applied first to the mortgage, sale expenses, and legal costs, with the balance to the applicant. Furthermore, the applicant was awarded a 75 per cent split of the respondent's interests in two superannuation funds, Sunsuper and MLC Super Fund.