Stanton & Stanton

FAMILY COURT OF AUSTRALIA
Stanton & Stanton [2021] FamCA 630

File number(s): MLC 2934 of 2018

Judgment of: WILLIAMS J

Date of judgment: 27 August 2021

Catchwords:
FAMILY LAW – PARENTING – Competing applications for parenting orders for three children where the wife had historically been the primary carer – Wife sought that the current arrangements for the children to spend time with the husband be reduced and the husband sought an equal time arrangement – Held the best interests of the children dictated the existing arrangements should remain whereby the children live with their mother and spend four nights a fortnight with their father – Dispute about whether the wife should have sole parental responsibility for the children or whether there should be an order for equal shared parental responsibility, as sought by the husband – Order made for the wife to have sole parental responsibility pertaining to health issues for one of the children and otherwise both parents have equal shared parental responsibility.

FAMILY LAW – PROPERTY – Competing applications for adjustment of property between the parties – Dispute about the composition of the asset pool where each party sought addbacks of assets and inclusion of additional liabilities – Whether there should be an adjustment pursuant to s 75(2)(o) arising from the husband’s failure to make full and proper disclosure – Assessment of respective contributions of the parties where the wife undertook the role of homemaker and primary care of the children and the husband was the income earner for the family – Whether there should be an adjustment in favour of the wife pursuant to s 75(2) factors – Determination of which party should be entitled to retain the former family home.

FAMILY LAW – CHILD SUPPORT – Application by the wife for a departure from administrative assessment of child support both as to periodic payments and educational and extra-curricular activities – Held there should be a departure from administrative assessment so that the husband pay all educational and extracurricular expenses

Legislation:
Child Support (Assessment) Act 1989 (Cth) s 116, 117, 124

Evidence Act1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 75(2), 79

Cases cited:
Bevan & Bevan [2013] FamCAFC 116

Chancellor & McCoy [2016] FamCAFC 256

Chang & Su [2002] FamCA 156

Chorn & Hopkins (2004) FLC 93-204

Dickons & Dickons [2012] FamCAFC 154

Gould & Gould [2007] FamCA 609

Hides & Hatton (1997) 21 Fam LR 855

Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd and Penrith Pastoral Co Pty Ltd [1983] 3 NSWLR 378

In the Marriage of Hickey [2003] FamCA 395

Jamine & Jamine (No.2) [2012] FamCAFC 104

Kannis & Kannis [2002] FamCA 1150

Mazorski v Albright [2007] FamCA 520

McCall & Clark [2009] FamCAFC 92

Stanford v Stanford [2012] HCA 52

Trevi & Trevi [2018] FamCAFC 173

Ulster & Viney [2016] FamCAFC 133

Vass & Vass [2015] FamCAFC 51

Warbrick & Warbrick [2021] FamCAFC 60

Whisprun Pty Ltd v Dixon (2003) 200 ALR 447

White & Tulloch & White (1995) FLC 92-640

Number of paragraphs: 460

Date of last submissions: 19 May 2021

Date of hearing: 22–25 March 2021 & 26–29 April 2021

Place: Melbourne

Counsel for the Applicant: Mr I. Jones QC with Ms P. Byrnes

Solicitor for the Applicant: Mills Oakley Lawyers

Counsel for the Respondent: Mr G. Dickson QC

Solicitor for the Respondent: Taussig Cherrie Fildes
ORDERS

MLC 2934 of 2018

BETWEEN:
MR STANTON

Applicant

AND:
MS STANTON

Respondent

ORDER MADE BY:

WILLIAMS J

DATE OF ORDER:

27 AUGUST 2021

THE COURT ORDERS THAT:
PARENTING
Parental Responsibility
1.The wife have sole parental responsibility for decisions relating to the health of the child of the marriage namely Child X born 2009 (“Child X”).
2.In relation to any decision the wife is required to make in relation to Child X’s health, the wife is to undertake the following actions before making such decision:
(a)the wife provide the husband with no less than 14 days’ notice in writing of any such proposed decision; and
(b)the wife consult with the husband (by email or text communication unless she elects to communicate by phone or in person) with regard to any such proposed decision and make a genuine effort to give consideration to his expressed view and, should the relationship between the parents permit, make a genuine effort to reach agreement with the husband about any such proposed decision; and
(c)if no agreement is reached between the husband and wife, the wife make the final decision and within 14 days of so doing, provide the husband with written confirmation of the decision (by email or text is sufficient); and
(d)subject to Orders 1 and 2 hereof, the parents otherwise retain equal shared parental responsibility for the children of the marriage, namely Child Y born 2007, Child X and Child Z born 2012 (“the children”).

Time
3.The Children live with the wife.
4.The Children spend time with the husband as follows:
(a)during school terms on a fortnightly basis (continuing as if the time had continued through any school holiday period) as follows:
(i)Week 1: from after school (or 3:30pm on a non-school day) on Friday until commencement of school Monday (or 9:00am on a non-school day) and alternate weeks thereafter;
(ii)Week 2: from 4:30pm Thursday until commencement of school Friday (or 9:00am on a non-school day) and alternate weeks thereafter;

(b)during school holidays as specified in order 5;
(c)for each of the Children’s birthdays when they are not spending time with him pursuant to order 4(a) or 5 of these orders:
(i)if a school day from end of school to 6:30pm; or
(ii)if a non-school day from 11:00am to 3:00pm.

(d)on Father’s day from 6:00pm the night before Father’s day to 5:00pm on Father’s day.

School Holidays
5.The Children spend time with the parties during each school holiday (defined as the period commencing the last day of term at B School to the first day of the next school term at B School) as follows:
(a)During the term 1 school holidays commencing in 2021:
(i)one half with each parent as agreed noting it is intended the children will not spend more than 9 consecutive nights with either parent and it is intended the children will spend from 12:00noon on Good Friday to 6:00pm on Easter Sunday (“Easter”) with the wife in 2021 (and alternate years thereafter) and Easter with the husband in 2022 (and alternate years thereafter).
(ii)where there is no agreement as to the division of the term 1 school holidays by the first day of term 1 in that year, the children spend time with the parents as follows:
A.In 2023 (and alternate years thereafter):
(a)for not more than 9 consecutive nights (up to one half of the holiday) with the wife such nights to be nominated by her by 7 February that year to include Easter;
(b)the balance of the term 1 school holiday with the husband

B.In 2022 (and alternate years thereafter):
(a)for not more than 9 consecutive nights (up to one half of the holiday) with the husband such nights to be nominated by him by 7 February that year in writing to the wife to include Easter;
(b)the balance of the term 1 school holiday with the wife;
(c)if the husband does not nominate the time pursuant to order 5(a)(ii)(B) by 17 February then the wife nominate the time the children are to spend with the husband to include Easter.

(b)during the term 2 school holidays:
(i)In 2023 and alternate years;
A.from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) with the wife; and
B.from 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) to the commencement of the next school term with the husband.

(ii)In 2022 and alternate years:
A.from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) with the husband; and
B.from 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) to the commencement of the next school term with the wife;

(c)during the term 3 school holidays:
(i)from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the first middle day) with the husband; and
(ii)from 3:30pm on the middle day of the school holiday (and where there are an even number of days the first middle day) to the commencement of the next school term with the wife.

(d)during the long school holiday (commencing 2021):
(i)In 2021 and alternate years thereafter:
A.from 3:00pm on 24 December to 3:00pm 25 December with the wife;
B.from 3:00pm on 25 December to 3:00pm 8 January with the husband;
C.otherwise with the wife

(ii)In 2022 and alternate years thereafter:
A.from 3:00pm on 24 December to 3:00pm 25 December with the husband;
B.from 3:00pm on 25 December to 3:00pm 26 December with the wife;
C.with the husband for fourteen nights from 3:00pm on 1 January to 3:00pm on 15 January;
D.otherwise with the wife

6.The children’s time with the husband be suspended and the children spend time with the wife:
(a)for each of the children’s birthdays when they are not spending time with her:
(i)if a school day from end of school to 6:30pm; or
(ii)if a non-school day from 11:00am to 3:00pm.

(b)on Mother’s day from 6:00pm the night before Mother’s day to the commencement of school the day after mother’s day.

Changeover
7.Where changeover’s take place:
(a)on non-school days, the husband collect the children at the commencement of the children’s time with him and the wife collect the children at the commencement of the children’s time with her;
(b)to and from school the parent whose time is concluding deliver the children’s bags to the other parents house by no later than 3:45pm on the day of the changeover.

8.For the purposes of the children’s time with the husband pursuant to order 4(a) and any other changeover which occurs to or from school the husband must make arrangements to collect each of the children himself (or by his nominee) or for them to travel to his house directly at the conclusion of their school day.
Activities
9.The parties facilitate the children’s attendance at all extra-curricular activities and tournaments during the time they spend with them including, but not limited to all:
(a)Sporting games, training (including tryouts), and tournaments;
(b)Sporting clinics; and
(c)all ball games.

Restraints
10.The husband be and is hereby restrained from physically disciplining the children, with the husband denying the necessity for this order.
International Travel
11.Subject to there being no DFAT “do not travel” or “reconsider your need to travel” warning to the proposed country of travel each party be at liberty, during their scheduled time with the Children, to travel overseas with the Children provided they give the other party prior written notice (being not less than 30 days’ prior notice, except in the event of an emergency) of the proposed travel and:
(a)accommodation addresses;
(b)telephone numbers for scheduled calls; and
(c)flight details including the airline, flight number and time.

12.The Children’s Australian passports:
(a)be held by the wife;
(b)be provided to the husband not less than 10 days prior to any proposed overseas travel (or within 24 hours of request in the case of an emergency), provided notice has been given in accordance with order 11; and
(c)be returned to the wife within 3 days of the Children’s return to Australia.

13.Each party do all such acts and things and sign all such documents as are required to maintain current Australian passports for each of the Children at the joint expense of the parents.
Miscellaneous
14.The parties:
(a)are permitted to attend sporting, school and extra-curricular events to which parents would ordinarily be invited, including but not limited to sport training, games and tournaments, school concerts and parent-teacher interviews;
(b)if any of the children are ill or otherwise require medical attention:
(i)the husband and wife promptly inform the other of the child’s condition and provide details of any treatment (including medication and other matters which must be attended to);
(ii)each party be permitted to attend the children’s medical appointments, including when they are not in their respective care.

(c)each provide to the other 28 days’ written notice of any proposed change of address;
(d)each keep the other informed of their telephone numbers and email addresses.

15.Pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
Child Support Departure
16.Pursuant to Section 117 of the Child Support (Assessment) Act 1989 there be a departure from any administrative assessment of child support payable by the husband to the wife for each of the children CHILD Y born 2007; CHILD X born 2009; and CHILD Z born 2012 (“Children”).
17.Pursuant to Section 124 of the Child Support (Assessment) Act 1989 the husband pay to the wife for the benefit of each of the Children:
(a)all costs associated with the Children’s attendance at C School and B School (noting that Child Z will commence at C School in 2023) including but not limited to:
(i)all tuition, registration, travel and attendance fees together with school levies and contributions to school funds;
(ii)all costs associated with school excursions, trips and camps;
(iii)all costs associated with school uniforms, school equipment and other requirements for attending school;
(iv)all top ups on student cards for the bus and canteen at school;
(v)all tutoring fees;
(vi)activities participated in through school by the children.

(b)all costs associated with sports in which the children participate including sports uniforms, sports shoes, tournament and team fees whether organised through the school or externally to the school;
(c)all myki card travel expenses for the children;
(d)all private health insurance (including extras);
(e)all out of pocket medical and hospital expenses not covered by private health insurance or Medicare;
(f)all out of pocket costs for any dental, optical, orthodontic treatment and other allied health professional services for the children including but not limited to paediatricians, psychologists, occupational therapists and podiatrists.

And such sums not to be credited against any administrative assessment for child support.
18.For the purposes of order 17(d), the wife maintain the children on her own private health insurance policy and the husband pay to the wife an amount equivalent to ¾ of the total annual premium within seven (7) days of presentation of the invoice to the husband.
19.Within seven (7) days of being requested to do so, the husband reimburse to the wife any expenses paid by her in relation to paragraph 17 which would otherwise be payable by the husband pursuant to these Orders upon the wife providing to the husband a copy of the invoice or proof of payment of the invoice, such reimbursement to be made by direct debit into the wife’s nominated bank account.
SPOUSAL MAINTENANCE
20.The husband pay to the wife the sum of $5,660.65 within seven (7) days by way of reimbursement of amounts paid by the wife in maintaining the real properties since separation noting that the Wife maintains that she was entitled to a higher payment under a proper interpretation of the 2 August 2018 orders but nevertheless consents to this order.
PROPERTY
Sale of Real Properties
21.Within 24 hours the:
(a)wife do all acts and things and sign all documents as are required to:
(i)sign the Exclusive Auction Authority to Real Estate Agency D dated 5 March 2021 to sell Property E in the State of Victoria
(ii)sign the sale authority to Ms F of Real Estate Agency G to sell Property H, in the State of Queensland;
(iii)authorise Conveyancing firm to be the conveyancer for the sale of Property E and to prepare the contract of sale and section 32 statement (“Conveyancer”);
(iv)pay or cause to be paid such monies as are required to be paid in advance by the Property E agent, and the Property H agent for the marketing of each property, such sums to be paid by way of draw down from the Westpac Loan number …28 (“Loan J”);
(v)authorise the Property E agent to undertake the recommended works required to present the Property E for sale including painting, cleaning and styling the property and removing items of furniture to storage as may be recommended during the sales campaign with the cost of same to be paid from the Loan J;
(vi)authorise the Property E agent and the Property H agent to communicate with the husband’s legal representatives Mills Oakley in relation to the sale of Property E and Property H and provide them confirmation of any offers made to purchase;

(b)husband do all acts and things and sign all documents as are required to:
(i)sign the Exclusive Sale Authority to Ms K of Real Estate Agency L to sell the property at Property M to market the property for sale;
(ii)pay or cause to be paid such monies as are required to be paid in advance by the Property M selling agent for the marketing of Property M;
(iii)authorise Conveyancer to be the conveyancer for the sale of Property M and to prepare the contract of sale and any other necessary documents for the sale (“Property M Conveyancer”); and
(iv)irrevocably authorise Ms K to provide to the wife such information as she may request from her as to the progress of the sale campaign and any offers received.

22.The:
(a)wife have the sole conduct of the sale of Property E and Property H and provide to the husband updates as to the sale campaigns and any offers received;
(b)husband have conduct of the Property M sale and provide the wife with updates as to the sale campaign and any offers received.

23.In relation to Property E, pending its sale or transfer to the husband pursuant to these orders:
(a)the parties continue to have sole use of that property during the time the children spend with each of them;
(b)each party ensure Property E property is presented in clean and tidy condition after their use of or access to the property;
(c)each party absent themselves from Property E property during any open for inspection and otherwise follow the recommendations and requests of the selling agent;
(d)neither party remove any furniture or artwork from Property E unless recommended by the stylist engaged for such items to be placed in storage pending the sale.

24.Upon settlement of the sale of:
(a)Property E to a third party, the proceeds of sale of Property E be applied as follows:
(i)first, in payment of costs and commissions of the Property E sale and in adjustment of rates and taxes (where unpaid);
(ii)secondly, to repay the following loans:
A.Westpac Loan number …28 (“Loan J”) noting that the sum of $200,000 of this loan is to be treated as an adjustment as against the wife in relation to her property settlement in the formula at paragraph 26 of these orders;
B.Westpac Home Loan number …32 (“Loan N”) noting that any amount paid over $403,197 to discharge this loan is to be treated as an adjustment as against the husband in relation to his property settlement in accordance with the formula in paragraph 26 of these orders;
C.Westpac Line of Credit …67 (“Line of Credit”) noting that any amount paid over $263,540 to discharge this liability is to be treated as an adjustment as against the husband in relation to his property settlement in accordance with the formula in paragraph 26 of these orders;

(iii)thirdly, to pay such further amount (if any) required by Westpac Bank to discharge the mortgage dealing number …1D encumbering Property E (“Property E Mortgage”) ;
(iv)fourthly, to pay such further amount (if any) required by Westpac Bank to discharge the mortgage dealing number …1A encumbering the property at Property P(“Property P Mortgage”);
(v)fifthly, such amount as may be calculated by the wife’s accountant (and agreed to by the husband’s accountant) as being the tax payable by the wife on the capital gain on the sale of Property E (“Property E CGT”), to be paid to the trust account of Taussig Cherrie Fildes and held in a controlled monies account on behalf of the wife pending lodgement of the wife’s income tax return for the financial year in which the Property E property sale took place and thereafter to be applied to attend to payment of the Property E CGT upon the issue of the Wife’s Notice of Assessment levying payment of the Property E CGT;
(vi)finally, the balance then remaining be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife (“Property Trust Funds”) pending division pursuant to paragraph 26 or 27 of these orders.

(b)Property P to a third party, the proceeds of sale of Property M be applied as follows:
(i)first, in payment of costs and commissions of the Property M sale (where unpaid);
(ii)secondly, such amount as may be calculated by the wife’s accountant (and agreed to by the husband’s accountant) as being the tax payable by the husband on the net capital gain on the Property M property (utilising all capital losses which may otherwise offset the gain) (“the Property M CGT”) be paid to the trust account of Taussig Cherrie Fildes on behalf of the parties pending lodgement of the husband’s income tax return for the financial year in which the Property M property sale took place and thereafter to be applied to attend to payment of the Property M CGT upon the issue of the Husband’s Notice of Assessment levying payment of the Property M CGT;
(iii)thirdly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife and form part of the Property Trust Funds pending division pursuant to paragraph 26 or 27 of these orders.

(c)Property H, the proceeds be applied as follows:
(i)first, in payment of costs and commissions of the sale of Property H (where unpaid);
(ii)secondly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife and form part of the Property Trust Funds pending division pursuant to paragraph 26 or 27 of these orders.

25.The husband be at liberty to bid on the Property E and Property M properties and if he is the highest bidder at auction, or makes the highest offer on either or both properties then:
(a)in respect of Property E:
(i)it be withdrawn from the market for sale and paragraph 24(a) of these orders will not apply;
(ii)the commissions of sale payable to the Property E agent be paid from the Loan J on the husband’s behalf;
(iii)within 60 days and contemporaneously:
A.the parties do all acts and things and sign all documents to transfer the whole of the land more particularly described in Certificate of Title Volume … Folio … to the husband at his expense;
B.the husband do all acts and things and sign all such documents as are required to discharge the Property E Mortgage and the Property P Mortgage and repay or refinance the following liabilities into his sole name and indemnify the wife in respect of same:
(a)       Loan J;
(b)       Loan N; and
(c)       Line of Credit.

(b)in respect of Property M it be withdrawn from the market for sale and the husband pay the commissions of sale (if any) payable to the Property M selling agent applicable to his offer.

Adjusting Payment
26.When the last of Property H, Property E or Property M has settled (or within 60 days of the husband successfully bidding on Property E if paragraph 25(a) applies) the husband do all acts and things to (first utilising the Property Trust Funds) to pay to the wife the dollar equivalent to X in the following formula:
X = (60% (A+B+C+D+E)) - C

Where:
A = the value of Property E being either:
(a)the net proceeds of sale after payment of the amounts in paragraphs 24(a)(i) of these orders; or
(b)the amount bid by the husband if he is the highest bidder and paragraph 25(a) of these orders applies

B = the items the husband is to retain including:
(a)$1,465,065 being the agreed value of his interest in the Stanton Family Trust
(b)His cash and shares held personally as determined by this Honourable Court less the Initial Property Payment comprising the following:
(i)$479,221 deposited with C School;
(ii)$130,000 cash withdrawn on 3 August 2020
(iii)$13,323 being the agreed balance of his Westpac Credit Offset account number …13;

(c)if paragraph 24(a)(i) applies, a positive amount which is equivalent to the difference between the amount actually required to repay the Westpac Loan N and Line of Credit pursuant to paragraph 24(a)(ii)(A) and 24(a)(ii)(C) of these orders and $641,806 (being the current agreed balance of those Loans);
(d)if paragraph 25(a) applies, the liability of $841,806 (being the current agreed balance of the Loan N, Loan J and Line of Credit liabilities for which the husband will be required to refinance pursuant to paragraph 25(a)(iii)(B) plus an additional liability equivalent to one half of any expenses paid from the Loan J in readying the Property H property for sale);
(e)$227,200 being the agreed value of the husband’s motor vehicles and bikes;
(f)a liability of $117,842.17 being the maximum tax liability the wife asserts will be payable by the husband on the capital gain for the Stanton Family Trust resultant from the sale of 517,643 Q shares at a price of $1.21 at a price of on 16 March 2021, 21,655 R shares sold on 31 August 2020 at a price of $8.42 per share and 46,812 R shares sold on 1 September 2020 at a price of $8.05 per share (“Stanton Trust Share CGT”).

C = the items the wife is to retain including
(a)$5,700,000 being the agreed value of the real property at Property P;
(b)$346,241 being her paid legal fees;
(c)$271,099 being the agreed amount of her current cash at bank including the $200,000 drawn down by her from the Loan J in February and April 2021;
(d)$43,300 being the agreed value of her motor vehicle

D = the value of Property M being either:
(a)the net proceeds of sale after payment of the expenses in paragraphs 24(b)(i) and 24(b)(ii) of these orders; or
(b)the amount bid by the husband if he is the highest bidder and paragraph 25(b) of these orders applies

E = the net proceeds of sale of Property H after payment of the amounts in paragraphs 24(c)(i) and 24(c)(ii) of these orders
27.If after the payment to the wife in paragraph 26 of these orders there is any balance remaining in the Property Trust Funds, the balance be paid to the Husband.
Capital Gains Tax
28.If when the husband receives his assessment for taxation for the year ended 30 June 2021 the Stanton Trust Share CGT is greater than $117,842.17 the wife pay to the husband an amount of 60% of the difference within 30 days and if the assessed Stanton Trust Share CGT is less than $117,842.17, the husband pay to the wife 60% of the difference within 30 days.
29.If upon the assessment of taxation on any capital gain payable on the sale of Property H, Property M or Property E to a third party purchaser there is a credit balance of the funds held on trust pursuant to paragraph(s) 24(a)(v) and/or 24(b)(ii) of these orders, the balance be divided as follows:
(a)60% to the wife; and
(b)40% to the husband.

30.Pending the settlement of the sale of the last of Property H, Property E or Property M, order 8 of the orders made on 2 August 2018 remain in full force and effect.
31.Within seven days, the husband do all such acts and things and sign all such documents as may be required to transfer to the wife, at the husband’s expense, the … motor vehicle registration ….
32.Contemporaneously with the receipt by the wife of the payment due to her pursuant to paragraph 26 and the husband’s compliance with these orders the wife sign all such documents as may be required, at the husband’s expense, to:
(a)resign as a trustee of the Stanton Family Trust; and
(b)assign any amount owing to or by her by or to the Trust to the husband

and the husband thereafter indemnify the wife in respect of all liabilities and tax payable in relation to the Stanton Family Trust.
33.The wife retain the contents of Property P and the husband retain the contents of his apartment and the contents of the Property E property.
34.The Wife receive a base amount split of $519,794 from the Husband’s superannuation entitlements, in accordance with Orders 34 to 38 herein, in order to effect an equalisation of the parties’ respective superannuation entitlements.
35.Orders 34 to 40 (inclusive) hereof are binding upon Super Fund Pty Ltd, being the Trustee of the Superannuation Scheme (“the Trustee”).
36.Pursuant to Section 90XT(1)(a) of the Family Law Act 1975 (“the Act”) whenever a splittable payment becomes payable in respect of the interest of Mr Stanton (“the Husband”) in the Member …317 – Super (Employer Sponsored) account …81 ("the Husband’s Superannuation interest"), the Trustee shall pay to Ms Stanton (“the Wife”) or her legal personal representative the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $519,794 and there should be a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for these Orders.
37.The operative time for the purposes of these Orders is the fourth business day after the date of service of a copy of these sealed Orders upon the Trustee.
38.Order 34 hereof has effect from the operative time.
39.A sealed copy of these Orders be served upon the Trustee by the Wife’s lawyers.
40.Until the happening of any of:
(a)the transfer or (“rolling over”) into another superannuation fund of the payment split created by these Orders or the transfer or into another superannuation fund of the Wife’s entitlements as the case may be;
(b)the Wife satisfying a condition of release and being paid the payment splits created by these Orders; or
(c)the Wife executing a waiver of her rights within the meaning of Section 90XZA of the Act in relation to the payment splits pursuant to these Orders;

the Husband shall be and is hereby restrained by himself and/or his agents from executing a binding death benefit nomination in favour of any person or doing any other act or thing which would render any part of his interests in the Fund a “non-splittable payment” within the meaning of the Family Law (Superannuation) Regulations 2001.
41.Unless otherwise specified in these Orders and save for the purpose of enforcing any monies due under these or any subsequent Orders:
(a)each party be solely entitled to the exclusion of the other to all property (including chooses in action) in the possession of such party as at the date of these Orders;
(b)insurance policies remain the sole property of the owner thereof;
(c)each party forego any claims he or she may have to any superannuation or related benefits belonging to or earned by the other;
(d)each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders.

42.The Husband’s Amended Initiating Application filed 13 October 2020 and the wife’s Amended Response to an Initiating Application filed 1 October 2020 be otherwise dismissed.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stanton & Stanton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Williams J
INTRODUCTION

The parties are the parents of three young children, Child Y born 2007, Child X born 2009 and Child Z born 2012.
They are in dispute about the parenting arrangements for the children, financial support for the children and the division of their property.
ISSUES IN DISPUTE
The following issues were in dispute in the parenting proceedings:
(a)the allocation of parental responsibility for the children;
(b)whether the children should live primarily with their mother and spend time with their father, or whether they should live in a shared care arrangement and spend equal time with each parent;
(c)the extent of the children’s extra-curricular activities.
The following issues were in dispute in relation to financial support for the children:
(a)should there be a departure from administrative assessment of child support so that the husband pays child support to the wife at the rate of $380 per week per child;
(b)should the husband pay all the private school education costs at C School (“C SCHOOL”), private health insurance and all out of pocket medical and health expenses for the children.
The following issues were in dispute in relation to division of property:
(a)the composition of the asset pool, specifically whether the following should be included in the pool of assets and liabilities for distribution between the parties:
(i)the sum of $479,221 paid by the husband to C School for prepayment of school fees;
(ii)the sum of $130,000 withdrawn by the husband in cash from Bank O account on 3 August 2020;
(iii)whether the husband’s PAYG instalment of $130,241 due 31 March 2021 should be excluded as a liability;
(iv)whether capital gains tax liabilities arising from the sale of Property E, Property M, and Q shares should be included as a liability;
(v)whether the wife’s withdrawal from her superannuation account made 6 June 2019 and September 2020 of $56,736 should be added into the asset pool, or rather reflected in the wife’s bank account balances in her Westpac bank accounts and CBA bank account;
(vi)whether the sum of $470,000 unilaterally withdrawn by the wife from the Westpac mortgage offset account, should be added back as a partial property settlement, in addition to legal fees paid by her of $346,241, or whether her legal fees were paid from the funds withdrawn, and whether or not the balance of $124,000 was properly spent by her;
(vii)should the husband’s legal fees of $333,460 be added back into the asset pool, or taken into consideration pursuant to s 75(2)(o) of the Act.
(b)should there be an equal division of the parties superannuation entitlements, or should the wife receive a cash payment from the husband to adjust the parties superannuation entitlements;
(c)should the husband’s asserted contributions at the commencement of the relationship and his asserted post separation contributions be accorded additional weight;
(d)whether there should be any adjustment to the wife resulting from s 75(2) factors;
(e)should there be any adjustment in favour of the wife arising from the husband’s failure to properly make financial disclosure during the course of the proceedings (s 75(2)(o));
(f)which of the parties should be entitled to retain the former family home (Property P).
SYNOPSIS
In relation to the parenting proceedings I have determined that:
(a)the wife should have sole parental responsibility for matters pertaining to Child X’s health;
(b)both parents should otherwise have equal shared parental responsibility;
(c)the children should live with their mother and spend four nights a fortnight with their father during school term, together with holidays and special occasions.
In relation to financial support for the children I have determined that:
(a)there should not be a departure from the administrative assessment of child support for periodic child support;
(b)in addition to periodic child support as assessed, the husband pay the girls private school education expenses at C School and ancillary expenses, together with all medical expenses, as sought by the wife and such payments should not be credited against the administrative assessment of child support.
In relation to the division of property, the non-superannuation asset and liability pool as determined by me should be divided 60% in favour of the wife and 40% in favour of the husband and that the party’s respective superannuation entitlements should be equalised.
I have also determined that the wife should be entitled to retain Property P as part of her property settlement.
The reasons for my determination follow.
BACKGROUND
The husband is aged 53 and is self-employed as a medical professional. The wife is aged 51 and works part-time in administration.
The parties commenced cohabitation in September 1998 or January 1999 and married in 1999.
In 2001 the parties lived in S City whilst the husband undertook professional training.
There are three children of the marriage, Child Y aged 13, Child X aged 11 and Child Z aged 8. The two older girls attend C School and Child Z will also attend for her secondary education.
Throughout the marriage the husband has worked full-time as a self-employed medical professional. The wife worked as a health professional from 1998 until 2003.
Between 2002 and 2017 the wife was employed as a manager and administrator for the husband’s business. Throughout the relationship the parties maintained traditional roles in so far as the husband was the principal income earner and the wife was primarily responsible for the running of the household and the care of the children.
During the marriage the wife had alcohol abuse problems. She has maintained her sobriety for 17 years. The husband asserts that the wife had various psychiatric problems including anorexia. The wife concedes that she was treated for anorexia when recovering from alcoholism in 2003/2004 and that she obtain help and has been in recovery since 2006. In March 2004 she attended an inpatient clinic to assist her maintain her sobriety and to obtain counselling. Both parties were psychiatrically assessed by Dr T in August 2019 and he concluded that neither party currently suffered from any psychiatric problems or required psychiatric intervention.

The wife also had periods of gambling addiction during the marriage and subsequent to separation, although there was no allegation by the husband that she had diminished joint matrimonial funds as a result of her gambling.
In 2008 the wife was involved in a major accident, in which she broke bones in every limb except her left arm. She required hospitalisation for three months and was left with lingering injuries including a fused ankle and chronic pain. She received a compensation payout of approximately $370,000 arising from the accident.
On 20 July 2017, the wife obtained an ex parte interim intervention order against the husband, whilst he was away riding his bike in Europe attending a sporting event. The wife’s application for a final intervention order was withdrawn in February 2018.
In September 2017 the wife ceased her employment as a manager and administrator for the husband.
On 19 March 2018, the husband filed an Initiating Application seeking urgent parenting orders.
The trial commenced on 22 March 2021.
THE PROPOSALS OF THE PARTIES
The husband’s proposal
The minute of orders proposed by the husband are as follows:
PARENTING
1.That all previous parenting orders be discharged.
2.That the Husband and Wife have equal shared parental responsibility for the children CHILD Y born […] 2007, CHILD X born […] 2009 and CHILD Z born […] 2012 (“the children”).
School Term
3.That during school term, the parties spend equal time with the children on a rotating “week about” basis, from the conclusion of school or 3.30pm on Monday to the start of school the following Monday or to 3.30pm if it is a non-school day (including Curriculum Day) or public holiday.
4.For the avoidance of doubt, the children’s time with the parties during school term in accordance with Order 3 is to resume after a school holiday period in the same cycle as if the school term had continued throughout the intervening holiday period.
5.If the Court determines that it is not in the best interests of the children to make orders for an equal shared care arrangement during school term then Orders be in accordance with the Interim Consent Orders made 2 August 2018 and it is ordered that the children spent time and communicate with the Husband during school term time as follows:
a.       Week one; from after school (or 3.30pm on an non-school day) on Friday 14 May 2021 to the commencement of school (or 9.30am on a non-school day) on Monday 17 May 2021 and alternate weeks thereafter; and
b.       Week two: 4.30pm from the Wife’s house on Thursday 6 May 2021 to the commencement of school (or 9.30am if a non-school day) on Friday 7 May 2021 and alternate weeks thereafter.
School Holidays
6.That the children live with the parties for one-half of each school (C School gazetted holidays) term holidays as agreed between the parties and failing agreement, with the Husband for the first half of the school term holidays in 2020 from after school (or 3.30pm) on the last day of the school term to 3.30pm on the middle day of the holidays and each alternate year thereafter and with the Wife for the first half of the school term holidays in 2021 from after school (or 3.30pm) on the last day of the school term to 3.30pm on the middle day of the holidays each alternate year thereafter save for the end of Term 3 holidays in which the Wife have the second half and the Husband the first half each year.
7.That in the long Summer school holiday break in 2020/2021 and each Summer school holiday period thereafter (but excluding Christmas Eve to Boxing Day), the children live with the parties for one-half of the long summer holidays as agreed between the parties and failing agreement:
a.       With the Husband for his usual time pursuant to Order 5 of these Orders until 3.30pm on 24 December 2020 (Christmas Eve);
b.       With the Husband from 3:30pm on 25 December until 3:30pm on 12 January; and
c.       With the Wife from 3:30pm on 12 January, until the commencement of school on the first day of Term 1.
Special Occasions/Birthdays:
8.That the parent not having the care of the children when the following events occur shall be entitled to spend time with all of the children on such occasions as follows:
a.       Each of the children’s birthdays - if a school day from the end of school to 7.30 pm; or
b.       Each of the children’s birthdays - if a non-school day from 4.00 p.m. to 7.30 pm.
c.       Father’s Day – the children shall be in the Husband’s care from 6.00pm the evening before Father’s Day until 6.00pm on Father’s Day; and
d.       Mother’s Day – the children shall be in the Wife’s care from 6.00pm the evening before Mother’s Day until 6.00pm on Mother’s Day and the time of the parent ordinarily (but for this Order) having the care of the children on such occasions shall be suspended for the durations provided herein.
Electronic Communications
9.Each parent is at liberty to communicate with the children when they are in the care of the other parent by telephone, Facetime or text as follows:
a.       on school days between 7.30 pm and 8.00 pm;
b.       on non-school days firstly between 8.00 am and 9.00 am and secondly between 7.30 pm and 8.00 pm; and
c.       at such other times as may be requested by the children and each parent shall do everything necessary to facilitate the children making or receiving such communication with the other parent.
Changeover
10.That unless otherwise agreed, changeover will occur at the children’s schools but if a non-school day, changeover will occur by the delivery of the children to the residence of the parent whose time with the children is about to commence.
Miscellaneous
11.That each parent shall be entitled to receive a copy of all notices, reports, letters and like documents relating to the children’s schooling and each parent is entitled to attend parent/teacher interviews and all other activities/functions at the school to which the parents are invited to.
12.Each party shall keep the other parent informed, no later than within 48 hours, of any change to their respective telephone numbers (including landline and mobile), email and residential addresses.
13.Each party shall forthwith inform the other parent of any serious illness or injury suffered by the children or either of them whilst the children are in that parent’s care as well as any general medical, dental or like appointments required by the children whilst in that parent’s care and provide the names and contact details of any treating medical, dental or like practitioner to the other parent and authorise such practitioner to disclose to, and discuss with, the other parent full particulars of the treatment administered and other relevant matters to that practitioner’s assessment of the health and welfare of the children.
14.That each party be and is hereby restrained from attending Property E [swimming] during the children’s participation in such program when they are in the care of the other parent, save for end of season presentations or end of season finals.
Passports and Overseas Travel
15.That the Wife do all acts and things necessary to join with the Husband in applying, at the Husband’s sole expense, for passports for each of the children from [Great Britain] and/or the European Union (if eligible) and upon such passports being issued, they be held by the Husband and not be released except by order of this Honourable Court or the joint written consent of both parties.
16.Subject to there being no DFAT “do not travel” or “reconsider your need to travel” warning to the proposed country of travel, each party be at liberty, during their scheduled time with the Children, to travel overseas with the Children provided they do not travel during school time without the other parent’s prior written consent and provided that they give the other party prior written notice (being not less than 30 days’ prior notice, except in the event of an emergency) of the proposed travel and:
a.       accommodation addresses;
b.       telephone numbers for scheduled calls; and
c.       flight details including the airline, flight number and time.
17.The Children’s Australian passports:
a.       be held by the Wife;
b.       be provided to the Husband not less than 10 days prior to any proposed overseas travel (or within 24 hours of request in the case of an emergency), provided notice has been given in accordance with order 18; and
c.       be returned to the Wife within 3 days of the Children’s return to Australia.
18.Each party do all such acts and things and sign all such documents as are required to maintain current Australian passports for each of the Children.
19.Pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these Orders.
FINANCIAL
20.That Within 28 days of the date of these Orders the:
a.       Wife do all acts and things and sign all documents as are required to:
i.sign an Exclusive Auction Authority to Real Estate Agency D (“the Property E agent”) to sell … [Property E](“Property E”) on terms and conditions agreed between the parties, including but not limited to the asking price or reserve price, and in default of agreement as determined by the President of the REIV with the cost of that determination being paid equally;
ii.sign a sale authority to Ms F of Real Estate Agency G (“the Property H agent”) to sell … [Property H], Queensland (“Property H”) on terms and conditions agreed between the parties, including but not limited to the asking price or reserve price, and in default of agreement as determined by the President of the REIV with the cost of that determination being paid equally;
iii.pay or cause to be paid such monies as are required to be paid in advance by the Property E agent and the Property H agent for the marketing of each property or for agreed works, including but not limited to removal and storage of agreed furniture, recommended by the selling agent to present the relevant property for sale , such sums to be paid by way of draw down from the Westpac Bank Property E mortgage loan Account number[…]28 (“the Property E Mortgage”);
iv.authorise Conveyancing firm to be the conveyancer for the sale of Property E and to prepare the contract of sale and section 32 statement (“Conveyancer for Property E”);
v.authorise a conveyancer proposed by the selling agent for Property H to be the conveyancer for the sale of Property H and to prepare the contract of sale and any other necessary documents for the sale (“Property H Conveyancer”);and
vi.irrevocably authorise the Property E agent, the Property H agent, Conveyancing firm DD and the Property H Conveyancer to communicate with the Husband and his legal representatives Mills Oakley in relation to the sale of Property E and Property H and provide to him and Mills Oakley any documentation he requests in writing and to notify the him immediately of any offers made to purchase the property;
b.       husband do all acts and things and sign all documents as are required to:
i.sign the Exclusive Sale Authority to Ms K of Real Estate Agency L or such other agent whose costs and commissions are less than those of Ms K at the Husband’s election (“the Property M agent) such election to be made and communicated to the Wife’s solicitors within 21 days of the date of these Orders to sell the property at Property M (“Property M”) on terms and condition agreed between the parties, including but not limited to the asking price or reserve price, and in default of agreement as determined by the President of the REIV with the cost of that determination being paid equally;
ii.irrevocably authorise the Property M selling agent to communicate with the Wife and her legal representatives Taussig Cherrie Fildes in relation to the sale of Property M and provide to her and Taussig Cherrie Fildes any documents she requests in writing and to notify to her immediately of any offers made to purchase the property;
iii.pay or cause to be paid such monies as are required to be paid in advance by the Property M selling agent for the marketing of Property M;
iv.authorise a conveyancer to be the conveyancer for the sale of Property M and to prepare the contract of sale and any other necessary documents for the sale (“Property M Conveyancer”)
21.In relation to Property E and Property H:
a.       the parties ensure the Property E property is presented in clean and tidy condition for each open for inspection and the auction; and;
b.     the Wife ensure the Property H property is presented in clean and tidy condition for each open for inspection.
22.Upon settlement of each of the sales:
a.     the proceeds of sale of Property E be applied as follows:
i.firstly, in payment of costs and commissions of the sale (where unpaid);
ii.secondly, to discharge the Property E Mortgage and any other encumbrances affecting the Property E property noting that any sum in excess of the monies provided to be drawn down in Order 1(a)(iii) herein, including the $200,000 which the Wife has drawn down is to be treated as an adjustment against the Wife in the division of property determined by this Honourable Court;
iii.thirdly, to discharge the Westpac Line of Credit Account number […]67 and any monies in excess of $236,530 drawn against that Line of Credit by the Husband is to be treated as an adjustment against the Husband in the division of property determined by this Honourable Court
iv.Fourthly, such amount as may be calculated by the Wife’s accountant as being the tax payable by the Wife on the capital gain on the Property E property (“the Property E CGT”), and the capital gain (if any) on the Property H property (“the Property H CGT”) to be paid to the trust account of Taussig Cherrie Fildes and held in a controlled monies account on behalf of the Wife pending lodgement of the Wife’s income tax return for the financial year in which the sales took place and thereafter to be applied to attend to payment of the Property E CGT and the Property H CGT upon the issue of the Wife’s Notice of Assessment levying payment of the CGT;
v.fifthly, such amount as may be calculated by the Husband’s accountant as being the tax payable for the financial year ending 30 June 2021 (“FYE 2021”) by the Husband on the capital gain arising from the sale of the [Q] shares held by the Stanton Family Trust (“the Trust”) distributed to him by the Trust as well as any CGT tax payable by the Husband on the sale of any personally held share sold by him to the date of trial for the FYE 2021 such sum to be paid to the trust account of Mills Oakley Lawyers and held in a controlled monies account on behalf of the Husband pending lodgement of the Husband’s income tax return for the financial year in which the shares were sold and thereafter to be applied to attend to payment of the CGT upon the issue of the Husband’s Notice of Assessment levying payment of the CGT;
vi.finally, the balance then remaining be held in trust by Taussig Cherrie Fildes on behalf of the Husband and Wife pending division of the property deemed appropriate by this Honourable Court.
b.       the proceeds of sale of Property M be applied as follows:
i.firstly, in payment of costs and commissions of the sale (where unpaid);
ii.secondly, to reimburse the Husband for any monies paid by him for the marketing of the Property M property
iii.thirdly, such amount as may be calculated by the Husband’s accountant as being the tax payable by the Husband on the capital gain on the Property M property (“the Property M CGT”) be paid to the trust account of Mill Oakley Lawyer on behalf of the Husband pending lodgement of the Husband’s income tax return for the financial year in which the Property P property sale took place and thereafter to be applied to attend to payment of the Property M CGT upon the issue of the Husband’s Notice of Assessment levying payment of the Property M CGT;
iv.fourthly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the Husband and the Wife pending division of the property deemed appropriate by this Honourable Court.
c.       Property H the proceeds be applied as follows:
i.firstly, in payment of costs and commissions of the sale (where unpaid);
ii.secondly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the Husband and the Wife pending the division of the property deemed appropriate by this Honourable Court.
d.       That pending the sales of Property E, Property M or Property H (whichever occurs last) the Husband pay the land tax payable on each real property for so long as such a tax arises in the Wife’s name, such obligation to be treated as a liability of the parties in the ultimate adjustment of the parties’ property as determined by the Court.
23.That contemporaneously with the settlement of the sale of Property E (“the date”) the Wife do all things and sign all documents necessary to transfer or cause to be transferred to the Husband or his nominee, at the expense of the Husband, all of her right, title and interest in the real property at [Property P] (“the Property P transfer”).
24.That contemporaneously with completion of the transfer or sale if Orders 6 and 7 are made by the Court, the Husband:
a.       pay or cause to be paid to the Wife such capital payment as is necessary to achieve an overall equal division (50/50) of the total non-superannuation net assets of the parties as determined by this Honourable Court, such payment to take account of the following:
i.net proceeds of sale of each of the properties after monies are set aside for taxation pursuant to these Orders
ii.any adjustment referred to Orders 3(a)(ii) and (iii) herein;
iii.those assets within the Wife’s keep pursuant to these Orders using the values identified in the Husband’s column of the joint balance sheet a copy of which is attached to these Orders as Annexure A);
iv.those assets within the Husband’s keep pursuant to these Orders using the values identified in the Husband’s column of the joint balance sheet;
v.the reimbursements due to the Husband in repayment of the Wife’s share of the following fees:
I.fees of Mr U of $6,600 for evidence in court;
II.fees of Mr V for the conduct of the parties’ mediation of $9,900;
III.Valuation fees of [W Valuers] and [AA Valuers] totalling $13,395.80 (inclusive of GST)
IV.Valuation fees of [AA Valuers] for valuation dated 8 April 2021 agreed to be paid by the Wife $3,300 and paid initially by the Husband
V.Fees of [Ms BB] for therapeutic counselling $400.21
and the Wife’s share to be adjusted to the Husband from the monies she is to retain is $18,448.00 (“the Payment”);
b.       do all necessary acts and things and execute all documents as to cause the mortgage encumbering the [Property P] property being Westpac Account number …32 (“the Property P mortgage”) to be discharged at his sole expense such as to cause the Wife to be released from all and any liability arising under the Property P mortgage; and
c.       do all necessary acts and things and execute all documents required in order to transfer to the Wife at the expense of the Wife the … motor vehicle registration number … and thereafter the Wife retain that vehicle free from any claim by the Husband.
25.That should this Honourable Court determine that the [Property P] property be sold the parties do all things and sign all documents necessary to
a.       sign a sale authority to Property P agent (“the [Property P] selling agent”) to sell … [Property P] on terms and conditions agreed between the parties, including but not limited to the asking price or reserve price, agreed between the parties and in default of agreement as determined by the President of the REIV with the cost of that determination being paid equally;
b.       pay or cause to be paid such monies as are required to be paid in advance by the Property P selling agent for the marketing of the property or for agreed works, including but not limited to removal of agreed furniture, as recommended by the selling agent to present the property for sale , such sums to be paid by way of draw down from the Westpac Bank Property P mortgage;
c.       authorise Conveyancing firm DD to be the conveyancer for the sale of the Property P property and to prepare the contract of sale and section 32 statement (“Conveyancer for Property P”); and
d.       irrevocably authorise the Property P selling agent and Conveyancing firm DD to communicate with the Husband and the Wife and their legal representatives in relation to the sale of Property P and provide to them any documentation they request in writing and to notify the each of them immediately of any offers made to purchase the property;
26.That upon the settlement of the sale of Property P the proceeds be applied as follows:
a.       firstly, in payment of costs and commissions of the sale (where unpaid);
b.       secondly, to discharge the Property P mortgage and any other encumbrances affecting the Property P;
c.       finally, the balance then remaining be held in trust by Taussig Cherrie Fildes on behalf of the Husband and Wife pending division of the property deemed appropriate by this Honourable Court.
27.That pending the payment and completion of the transfer or sale of the Property P property as the case maybe, and the sales of the other properties:
a.       the Husband pay, or cause to be paid, directly to the payee concerned:
i.all instalments pursuant to the mortgage secured against the Property P property;
ii.all rates, taxes, insurances, body corporate fees, utilities, necessary repairs and any other outgoings as they fall due in relation to:
I.The Property P property;
II.The Property H property;
III.The Property E property; and
IV.The Property M property.
b.       Neither party dispose of, encumber or further encumber any of the real properties save with the written consent of the other party or as may be necessary to comply with these Orders; and
c.       Each party shall hold their respective interests in the real properties on trust pursuant to these Orders
28That the Wife have sole use and occupancy of the Property P property pending the transfer or sale of that property unless she notifies the Husband of her intention to vacate whereupon he have sole use and occupancy of the Property P property.
29That balance of the net proceeds of sale of the properties held in trust for the purposes of payment of taxation arising from capital gains or trust distributions of capital gains pursuant to these Orders once all of the Notices of Assessments have been issued, be paid to the parties in such sum as to achieve the overall equal division of total net assets taking into account he provisions of Order 5(a) of these Orders.
30That the Wife hereby renounce all and any right, title and interest and entitlement she has in the Stanton Family Trust, and the Husband, indemnify the Wife, and keep the Wife indemnified, in respect of all and any liability of whatsoever nature and kind arising out of the Stanton Family Trust.
31.That the Wife otherwise retain free from any claim by the Husband all of her right, title and interest in:
a.     The interim, or partial property settlement comprising funds withdrawn by her immediately after separation in the sum of $470,000;
b.     All and any money held by her in bank accounts;
c.      The … motor vehicle valued at an agreed value of $43,300;
d.     The $200,000 withdrawn by the Wife in February and March/April 2021 and any further sums withdrawn by her since February 2021;
e.      The $56,736 she withdrew from her superannuation fund post separation and otherwise save as provided for in these Orders, the entirety of her superannuation entitlements held with [Super Fund Pty Ltd] member number … and the entirety of the superannuation split to be made in her favour provided herein;
f.      The chattels situated in Property H and those in Property P save and except for the following chattels which shall remain in situ in Property P pending the transfer or settlement of the sale of Property P and which shall thereafter be retained by the Husband free from any claim by the Wife:
i.artwork held by the parties as at the date of the parties’ separation; and
ii.the Husband’s personal effects, books and opal ring gifted to him by a former patient.
32.That subject to his compliance with these Orders the Husband shall retain free from any claim by the Wife:
a.     His cash at bank;
b.     The Stanton Family Trust including all and any shares and all cash at bank held by the Stanton Family Trust and the proceeds of sale of such shares;
c.      His … motor vehicle [1];
d.     His …[motor vehicle 2];
e.      His bicycles and motorcycle;
f.      All chattels and personal effects in his personal possession;
g.     The entirety of the chattels, including artwork, in the Property E property and the chattels provided for in Order 12(h) herein; and
h.     Save as provided for in these orders the entirety of his entitlements held with [Super Fund Pty Ltd] member number …
33.That the Wife receive a base amount split of $519,794 from the Husband’s superannuation entitlements, in accordance with Orders 14 to 18 herein, in order to effect an equalisation of the parties’ respective superannuation entitlements.
34.That Orders 14 to 20 (inclusive) hereof are binding upon […] Super Fund Pty Ltd […], being the Trustee of the […] Superannuation Scheme (“the Trustee”).
35.That pursuant to Section 90XT(1)(a) of the Family Law Act 1975 (“the Act”) whenever a splittable payment becomes payable in respect of the interest of Mr Stanton (“the Husband”) in the Member … – Super (Employer Sponsored) account ("the Husband’s Superannuation interest"), the Trustee shall pay to Ms Stanton (“the Wife”) or her legal personal representative the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $519,794 and there should be a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for these Orders.
36.That the operative time for the purposes of these Orders is the fourth business day after the date of service of a copy of these sealed Orders upon the Trustee.
37.That Order 14 hereof has effect from the operative time.
38.That a sealed copy of these Orders be served upon the Trustee by the Wife’s lawyers.
39.That until the happening of any of:
a.     the transfer or (“rolling over”) into another superannuation fund of the payment split created by these Orders or the transfer or into another superannuation fund of the Wife’s entitlements as the case may be;
b.     the Wife satisfying a condition of release and being paid the payment splits created by these Orders; or
c. the Wife executing a waiver of her rights within the meaning of Section 90XZA of the Act in relation to the payment splits pursuant to these Orders;
the Husband shall be and is hereby restrained by himself and/or his agents from executing a binding death benefit nomination in favour of any person or doing any other act or thing which would render any part of his interests in the Fund a “non-splittable payment” within the meaning of the Family Law (Superannuation) Regulations 2001.
40.That unless otherwise specified in these Orders and save for the purposes of enforcing any monies due under these or any subsequent Orders:
a.     Each party be solely entitled to the exclusion the other to all other real and personal property (including choses-in-action) in the possession of such party as at the date of these Orders;
b.     Each party foregoes any claims they may have to any superannuation or employment benefits belonging to or earned by the other;
c.      All joint bank and credit card accounts are to be closed and the balance (if any) divided equally between the parties;
d.     Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders;
e.      Insurance policies remain the sole property of the owner named therein; and
f.      Any joint tenancy of the parties in any real or personal estate is hereby expressly severed.
41.In default of the parties or either of them doing all acts and things and executing all such documents as may be necessary to give effect to these Orders a Registrar of the Family Court of Australia at Melbourne be appointed pursuant to s 106A to execute all such documents in the name of the party in default and to do all such acts and things necessary to give validity and operation to the said Orders.
42.That within 21 days the Husband pay to the Wife the sum of $5,660.60 in full and final payment of his obligations pursuant to Order 8(b) of the Interim Orders made 2 August 2018 and thereafter those Orders be discharged in their entirety.
43.That the Wife’s application for child support orders be dismissed
44.That the Husband and the Wife be and are hereby restrained from withdrawing the prepaid school fees to C School ($479,221 prior to the recent payment of the Term 3 fees) without the written consent of both parties or further court order.
45.That liberty to apply in relation to the sales of the properties be reserved to both parties.
46.That all extant property and financial applications be and are hereby dismissed.
THE COURT NOTES
a.The Husband agrees to the children enrolling in the [sporting teams] and will take them to those games and training sessions where possible and he agrees that if the Wife is team manager of any or all of the [sporting teams] the children play in she be permitted to attend their games during the time the children are in his care.
b.The Husband will continue to pay child support as assessed and will continue to pay for the children’s private health insurance with extras and all compulsory school costs or agreed non compulsory costs at C School and such payments not be credited against his assessed child support.
c.The Wife agreed to Order 20 of these Orders as a compromise of her claim for arrears owning under Order 8(b) of the Orders made 2 August 2018 such compromise is made on a purely practical basis and notwithstanding that she maintains the arrears were substantially higher and the Husband agrees to Order 20 herein as an accurate sum for his obligations pursuant to Order 8(b) of the 2 August 2018 orders.
d.Pursuant to Section 81 of the Family Law Act 1975 (Cth), the parties intend that these orders shall as far as practicable finally determine the financial relationship between them and avoid further property and/or maintenance proceedings between them.
Documents relied upon by the Husband
25The husband relied on the following documents:
(a)Amended Initiating Application filed 13 October 2020;
(b)trial affidavit filed 13 October 2020;
(c)reply affidavit filed 13 October 2020;
(d)Financial Statement filed 13 October 2020;
(e)affidavit filed 19 March 2021;
(f)affidavit filed 26 April 2021;
(g)affidavit of single expert witness Mr CC filed 15 October 2020;
(h)Outline of Case filed 19 March 2021;
(i)family reports of Mr U;
(j)documents tendered during the trial and by tender list from court books;
(k)husband’s Written Submissions dated 10 May 2021.
The Wife’s proposal

The minute of orders proposed by the wife are as follows:
PARENTING
Parental Responsibility
1.The mother have sole parental responsibility for decisions relating to the health of children of the marriage namely CHILD Y born … 2007, CHILD X born … 2009 and CHILD Z born … 2012 (“Children”).
2.In relation to any decision the mother is required to make in relation to health of any of the children, the mother is to undertake the following actions before making such decision:
2.1    the mother provide the father with no less than 14 days’ notice in writing of any such proposed decision; and
2.2    the mother consult with the father (by email or text communication unless she elects to communicate by phone or in person) with regard to any such proposed decision and make a genuine effort to give consideration to his expressed view and, should the relationship between the parents permit, make a genuine effort to reach agreement with the father about any such proposed decision; and
2.3    if no agreement is reached between the father and mother, the mother make the final decision and within 14 days of so doing, provide the father with written confirmation of the decision (by email or text is sufficient).
Time
3.The Children live with the mother.
4.The Children spend time with the father as follows:
4.1    during school terms on a fortnightly basis (continuing as if the time had continued through any school holiday period) from after school (or 3:30pm on a non-school day) on Friday commencing 30 April 2021 to 5:00pm on Sunday commencing 2 May 2021 and alternate weeks thereafter;
4.2    during school holidays as specified in order 5;
4.3    for each of the Children’s birthdays when they are not spending time with him pursuant to order 4.1 or 5 of these orders:
4.3.1if a school day from end of school to 6:30pm; or
4.3.2if a non-school day from 11:00am to 3:00pm.
4.4    on Father’s day from 6:00pm the night before Father’s day to 5:00pm on Father’s day.
School Holidays
5.The Children spend time with the parties during each school holiday (defined as the period commencing the last day of term at B School to the first day of the next school term at B School) as follows:
5.1    During the term 1 school holidays commencing in 2021:
5.1.1one half with each parent as agreed noting it is intended the children will not spend more than 9 consecutive nights with either parent and it is intended the children will spend from 12:00noon on Good Friday to 6:00pm on Easter Sunday (“Easter”) with the mother in 2021 (and alternate years thereafter) and Easter with the father in 2022 (and alternate years thereafter).
5.1.2where there is no agreement as to the division of the term 1 school holidays by the first day of term 1 in that year, the children spend time with the parents as follows:
5.1.2.1In 2023 (and alternate years thereafter):
(a)for not more than 9 consecutive nights (up to one half of the holiday) with the mother such nights to be nominated by her by 7 February that year to include Easter;
(b)the balance of the term 1 school holiday with the father
5.1.2.2In 2022 (and alternate years thereafter):
(a)for not more than 9 consecutive nights (up to one half of the holiday) with the father such nights to be nominated by him by 7 February that year in writing to the mother to include Easter;
(b)the balance of the term 1 school holiday with the mother;
(c)if the father does not nominate the time pursuant to order 5.1.2.2 by 17 February then the mother nominate the time the children are to spend with the father to include Easter.
5.2    during the term 2 school holidays:
5.2.1In 2021 and alternate years;
5.2.1.1from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) with the mother; and
5.2.1.2from 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) to the commencement of the next school term with the father.
5.2.2In 2022 and alternate years:
5.2.2.1from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) with the father; and
5.2.2.2from 3:30pm on the middle day of the school holiday (and where there are an even number of days the second middle day) to the commencement of the next school term with the mother;
5.3    during the term 3 school holidays:
5.3.1from the conclusion of school term to 3:30pm on the middle day of the school holiday (and where there are an even number of days the first middle day) with the father; and
5.3.2from 3:30pm on the middle day of the school holiday (and where there are an even number of days the first middle day) to the commencement of the next school term with the mother.
5.4    during the long school holiday (commencing 2021):
5.4.1In 2021 and alternate years thereafter:
5.4.1.1from 3:00pm on 24 December to 3:00pm 25 December with the mother;
5.4.1.2from 3:00pm on 25 December to 3:00pm 8 January with the father;
5.4.1.3otherwise with the mother
5.4.2In 2022 and alternate years thereafter:
5.4.2.1from 3:00pm on 24 December to 3:00pm 25 December with the father;
5.4.2.2from 3:00pm on 25 December to 3:00pm 26 December with the mother;
5.4.2.3with the father for fourteen nights from 3:00pm on 1 January to 3:00pm on 15 January;
5.4.2.4otherwise with the mother
6.The children’s time with the father be suspended and the children spend time with the mother:
6.1    for each of the children’s birthdays when they are not spending time with her:
6.1.1if a school day from end of school to 6:30pm; or
6.1.2if a non-school day from 11:00am to 3:00pm.
6.2    on Mother’s day from 6:00pm the night before Mother’s day to the commencement of school the day after mother’s day.
Changeover
7.Where changeover’s take place:
7.1    on non-school days, the father collect the children at the commencement of the children’s time with him and the mother collect the children at the commencement of the children’s time with her;
7.2    to and from school the parent whose time is concluding deliver the children’s bags to the other parents house by no later than 3:45pm on the day of the changeover.
8.For the purposes of the children’s time with the father pursuant to order 4.1 and any other changeover which occurs to or from school the father must make arrangements to collect each of the children himself (or by his nominee) or for them to travel to his house directly at the conclusion of their school day.
Activities
9.The parties facilitate the children’s attendance at all extra-curricular activities and tournaments during the time they spend with them including, but not limited to all:
9.1    Sporting games, training (including tryouts), and tournaments;
9.2    Sporting clinics; and
9.3    all ball games;
Restraints
10.The father be and is hereby restrained from physically disciplining the children.
11.The father attend upon a psychologist recommended by Mr U for assistance in relation to his parenting techniques for the children within six months of these orders being made.
International Travel
12.Subject to there being no DFAT “do not travel” or “reconsider your need to travel” warning to the proposed country of travel each party be at liberty, during their scheduled time with the Children, to travel overseas with the Children provided they give the other party prior written notice (being not less than 30 days’ prior notice, except in the event of an emergency) of the proposed travel and:
12.1 accommodation addresses;
12.2 telephone numbers for scheduled calls; and
12.3 flight details including the airline, flight number and time.
13.The Children’s Australian passports:
13.1 be held by the mother;
13.2 be provided to the father not less than 10 days prior to any proposed overseas travel (or within 24 hours of request in the case of an emergency), provided notice has been given in accordance with order 12; and
13.3 be returned to the mother within 3 days of the Children’s return to Australia.
14.Each party do all such acts and things and sign all such documents as are required to maintain current Australian passports for each of the Children at the expense of the father.
Miscellaneous
15.The parties:
15.1 are permitted to attend sporting, school and extra-curricular events to which parents would ordinarily be invited, including but not limited to sport training, games and tournaments, school concerts and parent-teacher interviews;
15.2 if any of the children are ill or otherwise require medical attention:
15.2.1the father and mother promptly inform the other of the child’s condition and provide details of any treatment (including medication and other matters which must be attended to);
15.2.2each party be permitted to attend the children’s medical appointments, including when they are not in their respective care.
15.3 each provide to the other 28 days’ written notice of any proposed change of address.
15.4 each keep the other informed of their telephone numbers and email addresses.
16.Pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
Child Support Departure
17.That pursuant to Section 117 of the Child Support (Assessment) Act 1989 there be a departure from any administrative assessment of child support payable by the father to the mother for each of the children CHILD Y born … 2007; CHILD X born … 2009; and CHILD Z born … 2012 (“Children”) such that the father pay to the wife the sum of $380 per child per week increasing with CPI each year commencing 1 July 2021.
18.That all payments of periodic child support pursuant to paragraph 17 be paid monthly in advance by the father into such bank account as the mother may nominate from time to time.
19.That pursuant to Section 124 of the Child Support (Assessment) Act 1989 the father pay to the mother for the benefit of each of the Children:
19.1 all costs associated with the Children’s attendance at C School and B School (noting that Child Z will commence at C School in 2023) including but not limited to:
19.1.1all tuition, registration, travel and attendance fees together with school levies and contributions to school funds;
19.1.2all costs associated with school excursions, trips and camps;
19.1.3all costs associated with school uniforms, school equipment and other requirements for attending school;
19.1.4all top ups on student cards for the bus and canteen at school;
19.1.5all tutoring fees;
19.1.6activities participated in through school by the children.
19.2 all costs associated with sports in which the children participate including sports uniforms, sports shoes, tournament and team fees whether organised through the school or externally to the school;
19.3 all myki card travel expenses for the children; and
19.4 all private health insurance (including extras);
19.5 all out of pocket medical and hospital expenses not covered by private health insurance or Medicare;
19.6 all out of pocket costs for any dental, optical, orthodontic treatment and other allied health professional services for the children including but not limited to paediatricians, psychologists, occupational therapists and podiatrists.
such sums not to be credited against any administrative assessment for child support.
20.For the purposes of order 19.4, the mother maintain the children on her own private health insurance policy and the father pay to the mother an amount equivalent to ¾ of the total annual premium within seven (7) days of presentation of the invoice to the father.
21.Within seven (7) days of being requested to do so, the father reimburse to the mother any expenses paid by her in relation to paragraph 19 which would otherwise be payable by the father pursuant to these Orders upon the mother providing to the father a copy of the invoice or proof of payment of the invoice, such reimbursement to be made by direct debit into the mother’s nominated bank account.
SPOUSAL MAINTENANCE
22.The husband pay to the wife the sum of $5,660.65 within seven (7) days by way of reimbursement of amounts paid by the wife in maintaining the real properties since separation noting that the Wife maintains that she was entitled to a higher payment under a proper interpretation of the 2 August 2018 orders but nevertheless consents to this order.
PROPERTY
Sale of Real Properties
23.Within 24 hours the:
23.1 wife do all acts and things and sign all documents as are required to:
23.1.1sign the Exclusive Auction Authority to Real Estate Agency D (Property E) dated 5 March 2021 to sell the property at Property E in the State of Victoria (“Property E”);
23.1.2sign the sale authority to Ms F of Real Estate Agency G to sell the property at Property H, in the State of Queensland (“Property H”);
23.1.3authorise Conveyancing Firm DD to be the conveyancer for the sale of Property E and to prepare the contract of sale and section 32 statement (“Conveyancer”);
23.1.4pay or cause to be paid such monies as are required to be paid in advance by the Property E agent, and the Property H agent for the marketing of each property, such sums to be paid by way of draw down from the Westpac Loan number …28 (“Loan J”)
23.1.5authorise the Property E agent to undertake the recommended works required to present the Property E property for sale including painting, cleaning and styling the property and removing items of furniture to storage as may be recommended during the sales campaign with the cost of same to be paid from the Loan J;
23.1.6authorise the Property E agent and the Property H agent to communicate with the husband’s legal representatives Mills Oakley in relation to the sale of Property E and Property H and provide them confirmation of any offers made to purchase;
23.2 husband do all acts and things and sign all documents as are required to:
23.2.1sign the Exclusive Sale Authority to Ms K of Real Estate Agency L to sell the property at Property M (“Property M”) to market the property for sale; and
23.2.2pay or cause to be paid such monies as are required to be paid in advance by the Property M selling agent for the marketing of Property M;
23.2.3authorise Conveyancing firm DD to be the conveyancer for the sale of Property M and to prepare the contract of sale and any other necessary documents for the sale (“Property MP Conveyancer”)
23.2.4irrevocably authorise Ms K to provide to the wife such information as she may request from her as to the progress of the sale campaign and any offers received.
24.The:
24.1 wife have the sole conduct of the sale of Property E and Property H and provide to the husband updates as to the sale campaigns and any offers received;
24.2 husband have conduct of the Property M sale and provide the wife with updates as to the sale campaign and any offers received.
25.In relation to Property E, pending its sale or transfer to the husband pursuant to these orders:
25.1 the parties continue to have sole use of that property during the time the children spend with each of them;
25.2 each party ensure the Property E property is presented in clean and tidy condition after their use of or access to the property;
25.3 each party absent themselves from the Property E property during any open for inspection and otherwise follow the recommendations and requests of the selling agent;
25.4 neither party remove any furniture or artwork from Property E unless recommended by the stylist engaged for such items to be placed in storage pending the sale.
26.Upon settlement of the sale of:
26.1 Property E to a third party, the proceeds of sale of Property E be applied as follows:
26.1.1first, in payment of costs and commissions of the Property E sale and in adjustment of rates and taxes (where unpaid);
26.1.2secondly, to repay the following loans:
26.1.2.1Westpac Loan number …28 (“Loan J”) noting that the sum of $200,000 of this loan is to be treated as an adjustment as against the wife in relation to her property settlement in the formula at paragraph 28 of these orders;
26.1.2.2Westpac Home Loan number …32 (“Loan N”) noting that any amount paid over $403,197 to discharge this loan is to be treated as an adjustment as against the husband in relation to his property settlement in accordance with the formula in paragraph 28 of these orders;
26.1.2.3Westpac Line of Credit …67 (“Line of Credit”) noting that any amount paid over $263,540 to discharge this liability is to be treated as an adjustment as against the husband in relation to his property settlement in accordance with the formula in paragraph 28 of these orders;
26.1.3thirdly, to pay such further amount (if any) required by Westpac Bank to discharge the mortgage dealing number …1D encumbering Property E (“Property E Mortgage”) ;
26.1.4fourthly, to pay such further amount (if any) required by Westpac Bank to discharge the mortgage dealing number …1A encumbering the property at Property P(“Property P Mortgage”);
26.1.5fifthly, such amount as may be calculated by the wife’s accountant (and agreed to by the husband’s accountant) as being the tax payable by the wife on the capital gain on the sale of the Property E property (“Property E CGT”), to be paid to the trust account of Taussig Cherrie Fildes and held in a controlled monies account on behalf of the wife pending lodgement of the wife’s income tax return for the financial year in which the Property E property sale took place and thereafter to be applied to attend to payment of the Property E CGT upon the issue of the Wife’s Notice of Assessment levying payment of the Property E CGT;
26.1.6finally, the balance then remaining be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife (“Property Trust Funds”) pending division pursuant to paragraph 28 or 29 of these orders.
26.2 Property M to a third party, the proceeds of sale of Property M be applied as follows:
26.2.1first, in payment of costs and commissions of the Property M sale (where unpaid);
26.2.2secondly, such amount as may be calculated by the wife’s accountant (and agreed to by the husband’s accountant) as being the tax payable by the husband on the net capital gain on the Property M property (utilising all capital losses which may otherwise offset the gain) (“the Property M CGT”) be paid to the trust account of Taussig Cherrie Fildes on behalf of the parties pending lodgement of the husband’s income tax return for the financial year in which the Property M property sale took place and thereafter to be applied to attend to payment of the Property M CGT upon the issue of the Husband’s Notice of Assessment levying payment of the Property M CGT;
26.2.3thirdly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife and form part of the Property Trust Funds pending division pursuant to paragraph 28 or 29 of these orders.
26.3 Property H, the proceeds be applied as follows:
26.3.1first, in payment of costs and commissions of the sale of Property H (where unpaid);
26.3.2secondly, the balance be held in trust by Taussig Cherrie Fildes on behalf of the husband and wife and form part of the Property Trust Funds pending division pursuant to paragraph 28 or 29 of these orders.
27.The husband be at liberty to bid on the Property E and Property M properties and if he the highest bidder at auction, or makes the highest offer on either or both properties then:
27.1 in respect of Property E:
27.1.1it be withdrawn from the market for sale and paragraph 26.1 of these orders will not apply;
27.1.2the commissions of sale payable to the Property E agent be paid from the Loan J on the husband’s behalf;
27.1.3within 60 days and contemporaneously:
27.1.3.1the parties do all acts and things and sign all documents to transfer the whole of the land more particularly described in Certificate of Title Volume … Folio … to the husband at his expense;
27.1.3.2the husband do all acts and things and sign all such documents as are required to discharge the Property E Mortgage and the Property P Mortgage and repay or refinance the following liabilities into his sole name and indemnify the wife in respect of same:
(a)   Loan J;
(b)   Loan N; and
(c)   Line of Credit.
27.2 in respect of Property M it be withdrawn from the market for sale and the husband pay the commissions of sale (if any) payable to the Property M selling agent applicable to his offer.
Adjusting Payment
28.When the last of Property H, Property E or Property M has settled (or within 60 days of the husband successfully bidding on Property E if paragraph 27.1 applies) the husband do all acts and things to (first utilising the Property Trust Funds) to pay to the wife the dollar equivalent to X in the following formula:
X = (65% (A+B+C+D+E)) - C + 450,000
Where:
A = the value of Property E being either:
(a)the net proceeds of sale after payment of the amounts in paragraphs 26.1.1 of these orders; or
(b)the amount bid by the husband if he is the highest bidder and paragraph 27.1 of these orders applies
B = the items the husband is to retain including:
(a)$1,465,065 being the agreed value of his interest in the Stanton Family Trust
(b)His cash and shares held personally as determined by this Honourable Court less the Initial Property Payment comprising the following:
(i)$479,221 deposited with C School;
(ii)$130,000 cash withdrawn on 3 August 2020
(iii)$13,323 being the agreed balance of his Westpac Credit Offset account number …13;
(b)$333,460 being his paid legal fees;
(c)if paragraph 26.1.1 applies, a positive amount which is equivalent to the difference between the amount actually required to repay the Westpac Loan N and Line of Credit loans pursuant to paragraph 26.1.2.2 and 26.1.2.3 of these orders and $641,806 (being the current agreed balance of those Loans);
(d)if paragraph 27.1 applies, the liability of $841,806 (being the current agreed balance of the Loan N, Loan J and Line of Credit liabilities for which the husband will be required to refinance pursuant to paragraph 27.1.3.2) plus an additional liability equivalent to one half of any expenses paid from the Loan J in readying the Property H property for sale);
(e)$227,200 being the agreed value of the husband’s motor vehicles and bikes
(f)a liability of $117,842.17 being the maximum tax liability the wife asserts will be payable by the husband on the capital gain for the Stanton Family Trust resultant from the sale of 517,643 Q Shares at a price of $1.21 at a price of on 16 March 2021, 21,655 R shares sold on 31 August 2020 at a price of $8.42 per share and 46,812 R shares sold on 1 September 2020 at a price of $8.05 per share (“Stanton Trust Share CGT”).
C = the items the mother is to retain including
(a)$5,700,000 being the agreed value of the real property at [Property P],;
(b)$346,241 being her paid legal fees;
(c)$241,099 being the agreed amount of her current cash at bank including the $200,000 drawn down by her from the Loan J in February and April 2021;
(d)$43,300 being the agreed value of her motor vehicle
D = the value of Property M being either:
(a)the net proceeds of sale after payment of the expenses in paragraphs 26.2.1 and 26.2.2 of these orders; or
(b)the amount bid by the husband if he is the highest bidder and paragraph 27.2 of these orders applies
E = the net proceeds of sale of Property H after payment of the amounts in paragraphs 26.3.1 and 26.3.2 of these orders
29.If after the payment to the wife in paragraph 28 of these orders there is any balance remaining in the Property Trust Funds, the balance be paid to the Husband.
Capital Gains Tax
30.If when the husband receives his assessment for taxation for the year ended 30 June 2021 the Stanton Trust Share CGT is greater than $117,842.17 the wife pay to the husband an amount of 65% of the difference within 30 days and if the assessed Stanton Trust Share CGT is less than $117,842.17, the husband pay to the wife 65% of the difference within 30 days.
31.If upon the assessment of taxation on any capital gain payable on the sale of Property H, Property M or Property E to a third party purchaser there is a credit balance of the funds held on trust pursuant to paragraph(s) 26.1.5 and/or 26.2.2 of these orders, the balance be divided as follows:
31.1 65% to the wife; and
31.2 35% to the husband.
32.Pending the settlement of the sale of the last of Property H, Property E or Property M, order 8 of the orders made on 2 August 2018 remain in full force and effect.
33.Within seven days the husband do all such acts and things and sign all such documents as may be required to transfer to the wife, at the husband’s expense, the [Motor vehicle 1] motor vehicle registration ….
34.Contemporaneously with the receipt by the wife of the payment due to her pursuant to paragraph 28 and the husband’s compliance with these orders the wife sign all such documents as may be required, at the husband’s expense, to:
34.1 resign as a trustee of the Stanton Family Trust; and
34.2 assign any amount owing to or by her by or to the Trust to the husband
and the husband thereafter indemnify the wife in respect of all liabilities and tax payable in relation to the Stanton Family Trust.
35.The wife retain the contents of Property P and the husband retain the contents of his apartment and the contents of the Property E property.
36.Unless otherwise specified in these Orders and save for the purpose of enforcing any monies due under these or any subsequent Orders:
36.1 each party be solely entitled to the exclusion of the other to all property (including chooses in action) in the possession of such party as at the date of these Orders;
36.2 insurance policies remain the sole property of the owner thereof;
36.3 each party forego any claims he or she may have to any superannuation or related benefits belonging to or earned by the other;
36.4 each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders.
37.The husband pay the wife’s costs of and incidental to these proceedings.
38.Save as provided of in paragraph 32 of these orders, all previous extant orders be discharged.
39.The Husband’s Amended Initiating Application filed 13 October 2021 and the wife’s Amended Response to an Initiating Application filed 1 October 2020 be otherwise dismissed.
40.Such further, other or consequential Order this Honourable Court deems appropriate.
Documents relied upon by the wife

The reasons advanced are as follows:
(a)because of the difference in the valuation of Property E, between the sworn valuation of AA Valuers of $3,380,000 and the wife’s appraisal of $4,300,000, it is not possible to determine the ultimate value of the Property E property prior to sale;
(b)on the husband’s balance sheet, which relies on the sworn valuation, if it is determined that the wife would receive an equal division of the parties property, the then the wife would receive less than the value of the Property P property;
(c)if the court were to determine that the wife were to receive a division of 55% of the property, then on the husband’s balance sheet she would receive $232,000 in addition to the Property P property.
The wife was cross-examined at length by Queen’s Counsel for the husband about her capacity to pay the outgoings and maintenance of Property P. She was cross-examined about the cost of effecting repairs for rising damp, in the context of Property P having been built on a floodplain, and her evidence in response was that the parties had done some rising damp works to the house during the relationship, however, they had decided not to affect the works in the front room of the house, which on her estimate would cost $3,000 to repair.
Her evidence was that she would be required to meet outgoings, including rates, insurances and repairs on any property she may own and live in, and that Property P would be the same. She was adamant that she would use her best endeavours to earn income to meet her obligations for outgoings and repairs, and if she could not, her mother whom she described as wealthy, would assist her to pay outgoings and maintain the property. She was also concerned about the issue of stability of housing for all of the children and the detrimental effect a move from their family home may have on the children.
She was a scornful about the husband’s prospects of obtaining planning permission to construct the sort of granny flat which he had in mind.
I have no doubt about the wife’s tenacity to do all things humanly possible to meet the outgoings and maintenance costs of the property and I accept her evidence in that regard.
The distribution of property which I intend to make between the husband and wife should result in the wife receiving in excess of $5,700,000. I consider it appropriate that she should be able to retain her home, where she has lived with the children since each of their births, and particularly where she has remained in the house post separation. The fact that the husband seeks to place the needs of his elderly mother above those of his children, does not demonstrate any particular insight into his children’s needs and that it is likely to be better for them to have continuity and stability of their home.
I did not get the sense that the husband was genuinely seeking to retain the Property P property, but rather was placing obstacles in the path of the wife wishing to retain the property. This is particularly so given that the husband did not address this issue in his trial affidavit which was filed in September 2020 when the matter was first listed for hearing.
If he had been genuine about his desire to retain the property, it is likely he would have addressed that desire in his trial affidavit and it would have been prudent to have adduced evidence about attempts he had made to obtain planning permission to construct the type of dwelling that he contemplated for his mother. The best evidence he could come up with was a photograph of the rear of the laneway of the property, which was tendered as exhibit H-5 which ostensibly showed that there were other properties in the vicinity with constructions over the garage.
I do not accept the submissions about the sale of Property E being a prerequisite to determination of this dispute. Even if the Property E property realised the value asserted by the husband, I do not intend to divide the assets equally between the parties, as sought by the husband. I also note that the wife in her Reply submissions conceded that for the purposes of assessing who keeps the Property P property, the wife concedes the court should use the more conservative figure for the sale of the Property E property. Even if that were the case, then an order could be made for the wife to retain the Property P property and to make a cash adjustment to the husband, with a default sale ordered if she were unable to raise sufficient funds.
I also do not accept the husband submissions that the wife should not be entitled to retain the property should she wish to do so and that if the court is not prepared to order that the husband should receive the property, then an order for its sale should be made.
In the circumstances I consider it appropriate that the wife receive the Property P property as part of her entitlement to a property settlement.
Cash adjustment sought by the wife in lieu of a superannuation split
In his final submissions, Queen’s Counsel for the wife sought that instead of a superannuation split, to equalise the party’s respective entitlements to superannuation, the wife should receive a discounted cash payment from the husband. Both parties sought an equalisation of superannuation.
In order to equalise the respective superannuation entitlements, a payment of $519,794 would need to be made from the husband’s superannuation entitlements to those of the wife. In lieu of a superannuation split, the wife sought a discounted cash payment of $450,000.
There was no substantial reason provided why the wife should receive cash in lieu of a superannuation split. I agree with the submissions of the husband that it is not the usual approach of a court not to split superannuation, and if that is to be done, the orders must be just and equitable. In this case both parties will receive assets of many millions of dollars and are both relatively young. The wife will have more than enough financial resources to adequately house herself and the children and provide for her financial future. There is no pressing urgency for her to receive additional cash in lieu of a superannuation split. I do not propose to make orders in accordance with the wife submissions, and will make orders providing for an equalisation of the parties combined superannuation entitlements.
Adjustment of Interests
On the asset pool as determined by me, the wife will receive a division of assets of 60% of the non-superannuation pool and an equalisation of the parties combined superannuation entitlements. The husband will receive a division of assets of 40% of the non-superannuation pool and an equalisation of the parties combined superannuation entitlements. Because of the uncertainty of the sale price of the Property E property, and the capital gains tax which arise from the sale of that property and possibly the Property M property, it is not possible to calculate with any precision the exact amounts each of the parties are likely to receive. Additionally, the capital gains tax arising from the sale of the shares will need to precisely calculated and paid from the proceeds of the Property E property.
In his written submissions, the husband asserts that the court must assess the overall outcome from not only a percentage basis but from the dollar value that percentage represents, in order to assess whether it is just and equitable. In his submissions, the husband asserts that the wife’s proposal of a division of 65% of the property pool in her favour, together with her superannuation and $450,000 in cash, would result in her receiving $8,643,117, plus her superannuation of $1,583,937 plus $450,000 cash. Such a division would result in the wife receiving $10,677,054 and the husband receiving $6,377,412, which would result in adjustment of over $4 million to the wife, which it is submitted would be outside the range.
In response to that submission, the wife submissions in reply stated:
(a)the cases referred to by the husband use the phrase “real money terms” not dollar value;
(b)in cases where there is a sale of certain assets, as is the case here, there will always be an element of the unknown about the precise dollars that are likely to be achieved. That does not mean that courts cannot make orders for percentage divisions of sale proceeds of property once received. To do so, would effectively require two hearings in every case, one to decide whether to sell, and another to decide a percentage once the pool had been precisely quantified;
(c)there may be cases where the major asset has a highly contentious value and the disparity might be enormous, which could significantly affect a s 75(2) assessment;
(d)in this case, in the context of an asset pool between $15 million (husband’s approximate pool) and approximate $16.75 million (wife’s approximate pool, assuming the husband’s CGT figures and factoring the additional CGT payable if the wife’s higher Property E figure is achieved), the s 75(2) factors are unlikely to significantly alter.
I accept and agree with the submissions of Queen’s Counsel for the wife.
In his reply submissions, Queens Counsel for the wife pointed out that the wife’s pool, adopted by the husband for the calculations referred to in the previous paragraph, did not include selling costs of the three properties in Property E, Property M and Property H, nor the capital gains tax on the sale of Property E, Property M, and the shares which were sold by the husband, all of which are substantial amounts. On the husband’s own figures the estimated CGT (on the more conservative estimate of the sale price of the Property E property) for Property E, Property M and the shares is $544,750 which would need to be paid from the sale of Property E, prior to arriving at the respective distributions to the parties. Obviously if the realisation price of Property E is higher, the CGT will increase as well as the agent’s commission. The land tax of $17,825 will also need to be paid from the Property E sale proceeds. All of these liabilities will obviously reduce the nett proceeds available for distribution between the parties.
In any event, I do not propose to divide the property as sought by the wife. As previously stated, I intend to divide the non-superannuation assets 60% as to the wife and 40% as to the husband, together with an equalisation of superannuation. The discrepancy as contemplated by the husband in his submissions will not come to pass. I accept the submissions of the wife in relation to the division of property referred to at paragraphs 426 and 428 hereof.
The division which I propose to make will result in the wife retaining the Property P property together with a cash payment from the proceeds of sale of the properties to be sold. In the unlikely event there is insufficient cash realised from the sale of the Property E, Property M and Property H properties to enable the wife to retain the Property P property, she will then need to make a cash payment to the husband to reach the proposed division of assets, if she wants to retain Property P. The husband will retain the cash funds in the family trust and will also receive further cash payments from the proceeds of sale of the properties.
An equalisation of the superannuation entitlements will require a superannuation split from the husband’s fund to the wife’s fund of $519,794.50.
The wife will retain/receive the following:
(a)Property P($5,700,000)
(b)Westpac Account ($9,835);
(c)Westpac e saver account ($24,485);
(d)CBA account ($36,779);
(e)Motor vehicle 1 ($43,300);
(f)Funds unilaterally withdrawn from Westpac Rocket Loan Property E ($200,000);
(g)Legal fees paid ($346,241);
(h)cash payment from sale of properties (or from the husband if he elects to retain one or more of the properties) to provide to her a sum equivalent to 60% of the non-superannuation asset pool;
(i)her superannuation entitlements ($1,583,937);
(j)a superannuation split from the husband’s fund of $519,794.
The wife will also be required to pay the husband her share of the expert report fees from her own resources, if there are any previous orders requiring her to do so.
The husband will retain/receive the following:
(a)cash held in Commsec CBA Direct Investment account ($1,465,065);
(b)Westpac credit offset account ($13,323);
(c)funds held by C SCHOOL ($479,221);
(d)the Motor vehicle 2 motor vehicle ($157,000);
(e)the Motor vehicle 3 ($60,200);
(f)cash withdrawn from Bank O account ($130,000);
(g)cash payment from sale of properties(or retention of properties, if he elects to retain one or more of the properties) to provide to him a sum equivalent to 40% of the non-superannuation asset pool;
(h)his superannuation entitlements ($2,623,526) less a payment split to the wife of $519,794.
The husband will be liable to pay the asserted PAYG payment and his accountant’s fees from his own resources.
I am satisfied that the proposed division of assets is just and equitable and I intend to make orders accordingly.
I have adopted the formula as set out in the orders proposed by the wife, except that, as stated in these reasons: I have apportioned the non-superannuation asset pool as to 60% in favour of the wife and 40% in favour of the husband. I do not propose to make orders providing for the wife to receive a cash payment in lieu of a superannuation split. The items which the wife will retain included in Item C in the formula are items (a)–(g) of paragraph 432 hereof. The items which the husband will retain included in Item B of the formula, are items (a)–(g) of paragraph 434 hereof.
The proposed orders provide:
(a)for the appointment of selling agents for Property E, Property H and Property M, which was previously agreed by the husband and which are the agents referred to in his minute of proposed orders;
(b)for the parties to continue to use Property E as they have since separation, except that both parties are to facilitate the sale process;
(c)a formula for division of the asset pool, if the husband wishes to retain one or more of the properties;
(d)payment of the liabilities encumbering the properties;
(e)payment of capital gains tax, selling costs and outstanding land tax arising from the sale of the properties;
(f)payment of capital gains tax from the sale of the shares;
(g)division of chattels from the properties to be sold.
SPOUSAL MAINTENANCE
Order 8 of the orders made on 2 August 2018 provide for the husband to pay various expenses on behalf of the wife to maintain the Property P property pending final settlement.
The wife initially asserted that the husband pay to her the sum of $37,045.98 within seven days, by way of compliance with order 8(b) of the orders.
During the course of the trial the wife’s claim was compromised by agreement between the parties and it was agreed that the husband pay to the wife the sum of $5,660.65 within seven days, by way of reimbursement of amounts paid by the wife in maintaining the property since separation. The wife’s proposed minute of order includes a notation that the wife maintains that she was entitled to a higher payment under a proper interpretation of the 2 August 2018 orders, but nevertheless consents to that order.
I will make an order accordingly including the notation as sought by the wife.
CHILD SUPPORT DEPARTURE
The wife sought a departure from administrative assessment of child support, so that the husband pay child support to the wife for each of the children the sum of $380 per child per week increasing with CPI each year commencing 1 July 2021. That amount is equivalent to a monthly payment of $4,940.
She additionally sought, pursuant to section 124 of the Child Support (Assessment) Act 1989 (Cth), that the husband pay to the wife for the benefit of each of the children private school fees at C SCHOOL, all other expenses incurred by the children attending school, myki card travel expenses, private health insurance (including extras), all out-of-pocket medical and hospital expenses not covered by private health insurance or Medicare and all costs incurred with dental, optical, orthodontic treatment and other allied health professional services for the children. The precise orders sought by her are set out at the commencement of these reasons. She also sought an order that the costs not be credited against any administrative assessment of child support.
The husband opposes a departure from the current periodic assessment of $3,057.25 per month. That figure is stated in document 5 of the wife’s Court Book 2. In Notation B of his proposed Minute, the husband proposes that he will continue to pay child support as assessed and will continue to pay for the children’s private health insurance with extras and all compulsory school costs or agreed non-compulsory costs at C School, with such payments not to be credited against his assessed child support.
The dispute between the parties is therefore whether:
(a)the periodic child should be $3,057 per month (as currently assessed) or $4,940 per month (as sought by the wife);
(b)the husband should pay:
(i)all educational expenses incurred by the children attending C SCHOOL, or compulsory expenses and non-compulsory expenses as agreed;
(ii)all out of pocket medical and hospital expenses and all costs incurred with dental, orthodontic, optical and other allied health professional services for the children
Section 116 of the Child Support (Assessment) Act1989 (Cth) (“the Assessment Act”) sets out circumstances in which a party may apply to the court for a departure from an administrative assessment of child support. In this case there is no dispute that there is an administrative assessment in force.
Section 117 of the Assessment Act provides guidance about what are special circumstances which enable the court to be satisfied that it is appropriate to make a departure order.
Section 117(4) sets out the factors to which a court must have regard, in determining whether it would be just and equitable to the child, the payer and payee to make a particular order under the division.
Section 117(5) sets out the matters the court must have regard to, in determining whether it would be otherwise proper to make a particular order under the relevant division.
The Full Court in the matter of Hides & Hatton (1997) 21 Fam LR 855 said as follows:
[T]he jurisdiction to make an order under s 117 departing from an administrative assessment of child support is a discretionary jurisdiction. But as was made clear by the Full Court in In the Marriage of Gyselman (1991) 15 Fam LR 219; (1992) FLC 92–279, it is a highly structured discretion with the court being required to adhere to the following strict three-step process and to consider (at Fam LR 224; FLC 79,064):
(1) Whether one or more grounds of departure in s 117(2) is established.
If so:
(2)Whether it is “just and equitable” within the meaning of s 117(4) to make a particular order.
(3)Whether it is “otherwise proper” within the meaning of s 117(5) to make a particular order.
Queen’s Counsel for the wife submitted that the wife’s expenses for the children are referred to in Part N of her Statement of Financial Circumstances sworn 24 March 2021. As the wife was not cross-examined or challenged about these expenses, then the court should accept her evidence about the actual cost of providing for the children.
In circumstances where the husband earns well over a $1 million per annum, and where the child support income cap is $197,393 the court should accede to the wife’s application for a departure from periodic payments as assessed. Similarly, the husband had effectively been meeting some of the non-periodic expenses which the wife sought and he should be required to continue to do so, as it was well within his financial capacity to do so.

The wife deposes in her trial affidavit to meeting considerable medical costs incurred by the children including a paediatrician, psychologist, podiatrist and occupational therapist. She also deposes to paying all of the children’s various extracurricular expenses including but not limited to sport and swimming. She has also paid for the children’s school uniforms and various school costs including purchases of computer equipment.
The husband, in his written submissions attempts to attack the costs claimed by the wife in Part N of her Financial Statement, despite not cross-examining her about it. It is submitted that many of the expenses claimed by her for the children are substantially incurred by her personally, such as utilities, hairdressing, holidays and house repairs. It is also submitted that the wife includes expenses which are already paid by the husband and which she seeks to have paid, by him, in addition to child support. These include uniforms, activities and educational costs. It is submitted that on a proper examination of the expenses claimed by the wife, they approximate $1,140 per week, and if the court acceded to the wife’s application, that would mean the wife did not pay anything for the support of the children.
By way of comparison, in his Financial Statement filed 13 October 2020, the husband deposes to paying $1,600 per week for sundry expenses and education costs, equivalent to $83,200 per annum together with $2,700 per month for child support, a total of $115,600 per annum. When Child Z, the youngest child attends C SCHOOL, the husband’s expenses for education and non-periodic child support will obviously increase. As from 1 October 2020 the amount of periodic child support has increased to $3,057 per month.
I am satisfied that the grounds for departure set out s 117(2) have been satisfied, in particular s 117(2)(b)(ii) and s 117(2)(c)(i). It is common ground that the parties have always expected that the children would attend C SCHOOL and indeed it is the husband’s proposal that he pay all compulsory school costs. I am also satisfied that because of the husband’s income and earning capacity that it is appropriate to depart from administrative assessment.
I am also satisfied that it is just and equitable within the meaning of s 117(4) to make an order having regard to the relevant considerations of that section. The factors relevant to that determination include:
(a)the husband is a highly skilled medical professional who earns a very substantial income;
(b)the husband has in the past paid the children’s educational and medical expenses claimed by the wife in her application for departure from administrative assessment and has the financial capacity to continue to do so;
(c)although the wife has a limited income earning capacity, she should also make a contribution towards the children’s expenses;
(d)both parties have significant property and financial resources, which should be taken into account;
(e)the husband’s proposal is that he pay the children’s private health insurance with extras and all compulsory educational expenses of the children, with non-compulsory expenses to be agreed between the parties and that such payments not be credited against his assessed periodic child support;
(f)there is unlikely to be any future agreement between the parents about payment of non-compulsory expenses and it is preferable that there is certainty for the children in this regard;
(g)the financial commitments of both parties as set out in their respective financial statements including direct and indirect costs of supporting the children.
I am also satisfied that:
(a)it is otherwise proper, within the meaning of s 117(5) of the Assessment Act and in particular because, in accordance with the objects of the Assessment Act, both parents must provide for their children; and
(b)the special circumstances of this case, namely both the husband’s proposal to pay the majority of expenses sought by the wife, the substantial income of the husband and the significant property and financial resources of both parents.
After considering submissions of both parties and the financial circumstances of both parents, it is appropriate that the husband continue to pay periodic child support as assessed together with all of the non-periodic education and health expenses as sought by the wife, and that the additional child support should not be credited against the administrative assessment of child support. I will make orders accordingly.

I certify that the preceding four hundred and sixty (460) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Williams.
Associate:
Dated: 27 August 2021

[2021] FamCA 630

27 August 2021

Key Legal Topics

Areas of Law

Family Law

Property Law

Legal Concepts

Remedies

File number(s):	MLC 2934 of 2018
Judgment of:	WILLIAMS J
Date of judgment:	27 August 2021
Catchwords:	FAMILY LAW – PARENTING – Competing applications for parenting orders for three children where the wife had historically been the primary carer – Wife sought that the current arrangements for the children to spend time with the husband be reduced and the husband sought an equal time arrangement – Held the best interests of the children dictated the existing arrangements should remain whereby the children live with their mother and spend four nights a fortnight with their father – Dispute about whether the wife should have sole parental responsibility for the children or whether there should be an order for equal shared parental responsibility, as sought by the husband – Order made for the wife to have sole parental responsibility pertaining to health issues for one of the children and otherwise both parents have equal shared parental responsibility. FAMILY LAW – PROPERTY – Competing applications for adjustment of property between the parties – Dispute about the composition of the asset pool where each party sought addbacks of assets and inclusion of additional liabilities – Whether there should be an adjustment pursuant to s 75(2)(o) arising from the husband’s failure to make full and proper disclosure – Assessment of respective contributions of the parties where the wife undertook the role of homemaker and primary care of the children and the husband was the income earner for the family – Whether there should be an adjustment in favour of the wife pursuant to s 75(2) factors – Determination of which party should be entitled to retain the former family home. FAMILY LAW – CHILD SUPPORT – Application by the wife for a departure from administrative assessment of child support both as to periodic payments and educational and extra-curricular activities – Held there should be a departure from administrative assessment so that the husband pay all educational and extracurricular expenses
Legislation:	Child Support (Assessment) Act 1989 (Cth) s 116, 117, 124 Evidence Act1995 (Cth) s 140 Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 75(2), 79
Cases cited:	Bevan & Bevan [2013] FamCAFC 116 Chancellor & McCoy [2016] FamCAFC 256 Chang & Su [2002] FamCA 156 Chorn & Hopkins (2004) FLC 93-204 Dickons & Dickons [2012] FamCAFC 154 Gould & Gould [2007] FamCA 609 Hides & Hatton (1997) 21 Fam LR 855 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd and Penrith Pastoral Co Pty Ltd [1983] 3 NSWLR 378 In the Marriage of Hickey [2003] FamCA 395 Jamine & Jamine (No.2) [2012] FamCAFC 104 Kannis & Kannis [2002] FamCA 1150 Mazorski v Albright [2007] FamCA 520 McCall & Clark [2009] FamCAFC 92 Stanford v Stanford [2012] HCA 52 Trevi & Trevi [2018] FamCAFC 173 Ulster & Viney [2016] FamCAFC 133 Vass & Vass [2015] FamCAFC 51 Warbrick & Warbrick [2021] FamCAFC 60 Whisprun Pty Ltd v Dixon (2003) 200 ALR 447 White & Tulloch & White (1995) FLC 92-640
Number of paragraphs:	460
Date of last submissions:	19 May 2021
Date of hearing:	22–25 March 2021 & 26–29 April 2021
Place:	Melbourne
Counsel for the Applicant:	Mr I. Jones QC with Ms P. Byrnes
Solicitor for the Applicant:	Mills Oakley Lawyers
Counsel for the Respondent:	Mr G. Dickson QC
Solicitor for the Respondent:	Taussig Cherrie Fildes

ORDER MADE BY:	WILLIAMS J
DATE OF ORDER:	27 AUGUST 2021