NOVAK & NOVAK

The case of Novak & Novak concerned parenting and property disputes between a husband and wife. The primary dispute in relation to parenting was whether the children should spend equal time with both parents, with the family consultant not supporting such an arrangement. In relation to property, the court was required to determine whether it was just and equitable to make property orders, including considering a notional add-back of a sum spent on legal fees, an adjustment for initial contributions, and the assessment of contributions during the relationship.

The court was required to determine the parenting arrangements for the children, specifically the time the children would spend with the Father, and whether an equal time arrangement was in the best interests of the children. In relation to property, the court had to assess the parties' contributions during the relationship, consider any adjustments under section 75(2) of the Family Law Act 1975 (Cth), and determine the just and equitable distribution of the parties' assets and liabilities.

The court ordered that all previous parenting orders be discharged and that the parties have equal shared parental responsibility for the children. However, the children were ordered to live with the Wife, and specific time arrangements were set out for the Children's time with the Husband, which did not amount to equal time. The court also made property orders, including a payment from the Husband to the Wife, the transfer of a property, and an allocation of a portion of the Husband's superannuation interest to the Wife. The court found that contributions during the relationship were equal and made an adjustment to the Wife pursuant to section 75(2) factors.