SAYER & CABELLO

This case involved applications by the Mother and Father concerning parenting arrangements for their four-year-old son, who has significant special needs, and the division of their realisable assets and superannuation entitlements. The Mother sought sole parental responsibility and no time with the Father, while the Father sought shared parental responsibility, for the child to live with the Mother and spend unsupervised time with him for two nights per week. In relation to property, the Mother sought a 70/30% division of assets and for the Father to be solely responsible for certain debts and tax liabilities incurred in his name, whereas the Father argued these should be treated as joint liabilities.

The court was required to determine the appropriate parenting orders, considering the child's special needs and the parents' respective capacities and wishes. It also had to decide whether the credit card, personal loan, and taxation liabilities incurred in the Father's sole name during the relationship constituted joint liabilities of the parties. Furthermore, the court needed to determine the just and equitable division of the parties' property pool, including realisable assets and superannuation, taking into account contributions and future needs.

In its parenting determination, the court made orders for the Mother to have sole parental responsibility, with the child to live with her. The Father was granted supervised time with the child for six hours each Saturday. Regarding property, the court found the credit card, personal loan, and taxation liabilities to be joint liabilities. It made no adjustment for contributions but ordered a 25% adjustment in the Mother's favour for future needs, resulting in a 75/25% division. The Mother retained the former matrimonial home, and the Father retained an investment property, with each responsible for their respective mortgage repayments and outgoings. The Father was to receive the proceeds of sale from a further investment property and cash from a redraw facility, and he was to be responsible for the specified debts and tax liabilities. A superannuation splitting order was made to equalise the parties' superannuation entitlements.