Simpson & Simpson

In *Simpson & Simpson*, heard by Moore J, the Family Court of Australia considered a dispute between a mother and father concerning their twelve-year-old child and the division of their property. The case involved significant assets, with a major component derived from the husband's personal injury award, and raised questions about the composition of the net assets and the husband's capacity for work.

The court was required to determine issues relating to parental responsibility and the child's living arrangements, including the extent of time the child would spend with each parent. Additionally, the court had to address the division of the parties' property, specifically considering whether to "add back" certain legal fees and other expenses to the net asset pool, and how to account for the husband's contributions, including his capacity for work.

Moore J ordered that the mother have sole parental responsibility for the child, with the child to live with her. The father was granted specific time with the child during school terms and holidays, with detailed provisions for special occasions. The court also imposed an injunction restraining either parent from removing the child from Australia without written agreement or a court order, and stipulated that the child's passport was not to be provided to either parent without such agreement or order. In relation to property, the husband was ordered to pay the wife $300,000, upon which the wife was to transfer her interests in two properties to the husband. Each party was otherwise entitled to retain the property in their possession.