Oakley and Salmon (No. 2)

The matter before Young J concerned the parenting and property arrangements for the children of the marriage, a daughter born in December 1995 and a son born in June 1999. The dispute involved the division of assets and the terms of shared parental responsibility, including the children's living arrangements, time spent with each parent, and overseas travel.

The court was required to determine the specific orders regarding equal shared parental responsibility, the children's primary residence, and the detailed schedule for the children to spend time with and communicate with the husband. Additionally, the court had to make orders concerning the division of property, including a sum of money to be paid by the husband to the wife, the transfer of interest in a property, and the division of the husband's superannuation interests. The court also considered provisions for the children's passports, relocation, notification of medical treatment, and communication between parents.

Young J made orders establishing equal shared parental responsibility, with the children to live with the wife and spend time with the husband according to a detailed schedule that included school holidays, weekends, and regular communication. The court also ordered the husband to pay $20,000 to the wife, transfer his interest in a property to her, and divide his superannuation interests, allocating 100% of his base amount to the wife. Provisions were made for the wife to refinance the property and for both parties to be restrained from dealing with the property or relocating the children without consent. The court also included specific clauses regarding the notification of travel, communication, and the handling of passports, and accepted a report into evidence. The orders were declared to be just and equitable pursuant to s79(2) of the Family Law Act 1975.