PAGET & NICHOLSON

This case concerned parenting and property disputes between the parties, Mr. Paget and Ms. Nicholson, heard by Judge Small. The primary parenting dispute involved the relocation of their 13-year-old child, X, either to Queensland with the mother or to Adelaide with the father, or X remaining in Melbourne with the mother. The property dispute centred on the valuation of certain assets and disagreements regarding post-separation contributions.

The court was required to determine the best interests of the child, X, in relation to proposed living arrangements, considering the potential relocation of the mother to Queensland. Additionally, the court needed to resolve issues concerning the valuation of properties and the extent and impact of post-separation financial and non-financial contributions made by each party to the marital assets.

In relation to parenting, the court made orders that discharged previous parenting orders and established shared parental responsibility. The child, X, was ordered to live with the mother if she remained within 50 kilometres of Melbourne, with specific time and communication arrangements for the father. Alternatively, if the mother relocated more than 50 kilometres from Melbourne, X was ordered to live with the father in Adelaide, with detailed time and communication provisions for the mother. The court also made orders regarding the resident parent's final decision-making authority on schooling, notification of travel, shared airfare costs, and injunctions preventing denigration of the other parent and discussion of proceedings in the child's presence.

For the property settlement, the court made orders that were contingent on the child's living arrangements. If X lived with the mother in Melbourne, the wife was to retain 62% of the total non-superannuation assets, and the husband 38%. If X lived with the father in Adelaide, the wife was to retain 54.5% and the husband 45.5%. Specific assets, including shares in a company and a caravan, were allocated to the wife, and the proceeds of sale of a boat and a share in a property were allocated to the husband, regardless of the child's residence. The court also made detailed orders concerning the transfer of shares, the payment of capital gains tax, the valuation and transfer of a property, and the division of furniture and chattels. Further orders addressed the division of superannuation interests.