Segur & Segur (No. 2)

This case concerned parenting and property disputes between a father and mother. The court was required to determine the best interests of the three children of the marriage, including allegations of child abuse made by the mother against the father, which were found to be unsubstantiated and unsustainable. The court also addressed the division of property, including superannuation, to achieve a just and equitable outcome.

The legal issues before the court included the allocation of parental responsibility and the living arrangements for the children, considering the allegations of abuse and the paramount consideration of the children's best interests. Additionally, the court had to determine how to divide the parties' assets and liabilities, including their respective superannuation interests, in a manner that was just and equitable.

Bennett J ordered that the parents share equal parental responsibility for the children, with the children to live with the father. The court detailed specific arrangements for the children's time with the mother, including during school terms and holidays, and imposed orders restraining either party from denigrating the other or physically disciplining the children. In relation to property, the court ordered the sale of the parties' jointly owned property, with the proceeds to be disbursed in a specific manner, and made orders regarding the division of other assets, including a motor vehicle and shares, and the allocation of certain debts. The court also noted that while the father would retain a disproportionately high amount of illiquid superannuation assets, this disadvantage was offset by the benefit of sharing household expenses with his partner, Ms N.