NEALES & GORDON

This matter came before Johns J concerning the property and parenting arrangements between the applicant and the respondent. The dispute involved the sale of the former matrimonial home, the division of sale proceeds, the allocation of remaining funds from the sale of a business interest, and the division of superannuation. Additionally, parenting orders were sought regarding the parties' two children.

The court was required to determine the terms of consent orders concerning the sale of the parties' former matrimonial home, including the application of sale proceeds and the responsibility for expenses incurred in preparing the property for sale. Further issues included the division of remaining funds from the sale of the applicant's interest in D Pty Ltd, including the setting aside of a sum for anticipated income tax liabilities and the subsequent distribution of any surplus. The court also had to address the division of the applicant's superannuation interest in the CBUS Superannuation Fund and the transfer of a motor vehicle. Finally, parenting orders were to be made concerning equal shared parental responsibility, the children's living arrangements, communication between the children and parents, school-related matters, and travel.

The court made orders by consent, reflecting an agreement between the parties on all matters. The former matrimonial home was to be sold, with proceeds applied first to sale costs, then to discharge the mortgage, and the balance divided 55% to the applicant and 45% to the respondent, subject to adjustments for expenses related to the sale. Funds held by Lander & Rogers were to be applied, firstly, to set aside a sum for the applicant's income tax liabilities arising from the sale of E Street Units and his interest in D Pty Ltd, with the balance to be divided 55% to the applicant and 45% to the respondent, with a specific payment from the applicant to the respondent. Provisions were made for the reconciliation of actual tax payable against the amount set aside. The applicant's superannuation interest in the CBUS Superannuation Fund was to be split, with a base amount allocated to the respondent, and further provisions made for splittable payments under the *Family Law Act 1975* (Cth). The applicant was also ordered to transfer a motor vehicle to the respondent.

The court also made consent orders regarding parenting, establishing equal shared parental responsibility for the children. Specific living arrangements were detailed, including weekday and alternate weekend arrangements, and provisions for school holidays. The orders also outlined communication protocols, changeover procedures, and responsibilities concerning the children's schooling and health. The parties were permitted to remove the children from Australia for holidays under specific conditions, and arrangements were made for the issuing and holding of the children's passports. The court noted that these orders were intended to finally determine the financial and other relationships between the parties and that separate financial and child support agreements had been entered into. All extant applications as to property and maintenance were dismissed.