Prescott and Prescott

This matter concerned orders made by Judge Willis in the Federal Circuit Court of Australia concerning the children of Ms Prescott and Mr Prescott, and the property settlement between them. The proceedings involved applications relating to parental responsibility, living arrangements for the children, and the division of various assets and superannuation interests.

The court was required to determine the terms of parenting orders, including the allocation of sole parental responsibility for long-term decisions concerning the children's care, welfare, and development, and to establish a schedule for the children to spend time with each parent. Additionally, the court had to address the division of property, including funds held in a solicitor's trust account, a company, a motor vehicle, a camper trailer, and superannuation entitlements. The court also considered applications for spousal maintenance and child support.

In relation to the children, the court ordered that the Mother have sole parental responsibility for significant long-term decisions and that the children live with the Mother, with specific provisions for the Father's time with the children during school terms, holidays, and on special days. The court also made orders regarding communication between parents and children, and the children's participation in extracurricular activities. Regarding property, the court ordered the distribution of funds from a trust account to cover various liabilities and payments, with any shortfall to be paid by the Husband. The Wife was to retain a Ford Falcon and a camper trailer, and the Husband was to transfer the registration of the vehicle and personalised plates to her. The court also made detailed orders for the splitting of the Husband's superannuation interests in three separate funds, allocating 100% to the Wife. The Husband's application for spousal maintenance and for the Wife to pay child support were dismissed, and the Wife was to receive spousal maintenance of $200 per week for three years. The Husband was made solely responsible for any alleged debts owed to Ms R.

The court further ordered that, save for the express provisions within the orders, each party was entitled to all property in their possession, including separate bank accounts, and that each party would be solely liable for and indemnify the other against any liabilities or personal debts. The Registrar of the Federal Circuit Court was appointed to execute documents if a party refused or neglected to do so. Provisions were also made for the parties to provide a copy of the orders to financiers and government departments, and for the process of applying for costs.