RISOVIC & RISOVIC

The case of *Risovic & Risovic* concerned parenting and property settlement disputes between the mother and father of two children. The court was required to determine whether the presumption of equal shared parental responsibility had been rebutted, and if so, what parenting arrangements were in the children's best interests, including the extent to which they should spend time with the father. In relation to property, the court had to determine a just and equitable division of the parties' divisible property, considering their contributions and future needs.

The court found that the presumption of equal shared parental responsibility was not rebutted, despite allegations of violence by the mother against the father. The court found the mother's allegations to be truthful on the balance of probabilities, but concluded that it was reasonably practicable for the children to spend time with the father and that such time was in their best interests. Regarding property, the court determined a notional percentage division of 56 per cent in favour of the husband and 44 per cent in favour of the wife, based on their contributions. However, an adjustment of up to 10 per cent was made in favour of the wife to account for her greater future responsibility for the children, which would impact her earning capacity and superannuation accumulation compared to the husband.

The final orders provided for equal shared parental responsibility, with the children to live with the mother. Specific detailed orders were made regarding the children's time with the father, including during school terms, holidays, and special occasions, with provisions for communication and transitions. In the property settlement, the husband was ordered to pay a sum to the wife and transfer his interest in a specific property, with provisions for refinancing and the sale of other properties in the event of default. The remaining assets and debts were to be divided and retained by each party respectively, with mutual indemnities for certain debts.