PLOUGHMAN & PLOUGHMAN

In this matter before Rees J, the court considered parenting and property disputes between the parties, Mr. and Mrs. Ploughman. The parenting dispute concerned the children, aged 12 and 15, who resided with their father and had limited time with their mother. Both parents sought to increase the mother's time with the children, while the children themselves desired more equal time with each parent. The mother had a history of alcohol abuse, and her evidence was not deemed reliable by the court. The property dispute involved an application for an adjustment of property interests under s 79(2) of the Family Law Act 1975 (Cth), where the husband was found to have made greater contributions.

The court was required to determine parenting orders that would best serve the interests of the children, balancing the importance of a meaningful relationship with their mother against the risks associated with her past alcohol abuse. In relation to property, the court needed to decide on a just and equitable division of the parties' assets, considering their respective contributions and the need for any s 75(2) adjustments.

On the parenting issues, Rees J discharged previous orders and established equal shared parental responsibility. The children were to live with the husband, with specific periods of time allocated to the wife during school terms and holidays, aiming for a more equal division of time. The court also made orders regarding special days, communication, and the wife's abstention from alcohol for 12 hours before and during her time with the children, as well as prohibiting contact with a specific individual. For the property division, the court adopted a single pool approach, making a 5 per cent adjustment in favour of the wife under s 75(2), resulting in an overall division of 60 per cent to the husband and 40 per cent to the wife. Orders were made for the sale of the former matrimonial home and for each party to retain 50 per cent of their interests in their respective self-managed superannuation funds.