STARCEVIC & WATSON

In *Starcevic & Watson*, heard by Tree J, the dispute concerned parenting and property matters between the parties. The court was required to determine the best interests of the children, B and C, in circumstances where the mother alleged family violence and the father had disengaged from the proceedings. Additionally, the court had to consider the equitable distribution of the parties' property, specifically the matrimonial home.

The primary legal issues before the court were the standard of proof required to establish family violence and the definition of "unacceptable risk" in the context of children's welfare. The court was also tasked with determining whether it was just and equitable for the mother to assume sole parental responsibility and all net liability in relation to the matrimonial home, balancing the best interests of the children with the perceived risk of harm.

Tree J applied the principles of the *Family Law Act 1975* (Cth), giving greater weight to the considerations under s 60B (best interests of the child) than those under s 60CC. The court found that the mother's fear of the father's violence was a significant factor. Consequently, the court ordered that the children live with the mother, who was granted sole parental responsibility, and that the father have no time or communication with the children. In relation to property, the father was ordered to transfer his title and interest in the matrimonial home to the mother, with the mother indemnifying the father for the mortgage and certain loans.