SIMONS & SIMONS

This matter concerned parenting and property proceedings between the parties, referred to as the mother and the father, heard by Judge Newbrun. The dispute involved the arrangements for the children, [X] and [Y], and the division of the parties' property, specifically a property located at A Street, Suburb B.

The court was required to determine the parenting orders that would be in the best interests of the children, including their living arrangements, time spent with each parent, and communication protocols. Additionally, the court had to make orders regarding the division of the parties' property, including the disposition of the A Street, Suburb B property, and the financial adjustments required between the parties.

In relation to parenting, the court made orders for equal shared parental responsibility, with the children to live with the mother. Specific arrangements were detailed for the children's time with the father, including fortnightly periods, half of school holidays, and specific days such as Father's Day, Christmas, and the children's birthdays. The orders also included provisions for communication, non-denigration, and the exchange of information regarding the children's health, education, and travel. For the property division, the father was given the option to retain the A Street, Suburb B property upon payment of a specified sum to the mother within six weeks, and to discharge the existing mortgage and refinance it into his sole name. If the father failed to comply with these terms, the property was to be sold by private treaty, with the proceeds to be disbursed after sale costs and mortgage discharge, with the balance divided with a specific percentage and amount allocated to the mother and the remainder to the father. Each party was to retain personal property, shares, and superannuation interests in their sole name. The court also made provision for the Registrar to execute documents if a party failed to do so and granted liberty to apply regarding the implementation or enforcement of the orders.