TERRAZAS & DALY

The parties, husband and wife, sought adjustments to their property interests and orders regarding the parental responsibility and living arrangements for their two children. The property dispute involved the husband's initial financial contribution and the extent to which the parties' financial affairs were intermingled during the relationship. In relation to parenting, both parents sought sole parental responsibility, with allegations of family violence made by each against the other, and concerning the children. The wife also sought to relocate with the children to Brisbane.

The court was required to determine the appropriate property adjustment between the parties under sections 75 and 79 of the *Family Law Act 1975* (Cth), considering their initial contributions and contributions during the relationship, as well as the husband's greater income-earning assets. Furthermore, the court had to determine the issue of parental responsibility, including whether the presumption of equal shared parental responsibility was rebutted by findings of family violence, and to make orders for the children's living arrangements. The court also considered the wife's application for relocation of the children to Brisbane.

Rees J found that the parties' financial affairs were intermingled throughout the relationship, and their contributions during the relationship were equal. A disparity in initial contributions resulted in an assessment of 20 per cent to the wife, with a further 10 per cent adjustment due to the husband's more significant income-earning assets, leading to a total property adjustment of 30 per cent in favour of the wife. The presumption of equal shared parental responsibility was rebutted due to findings of family violence. The court noted the mother's history of volatility and emotional dysregulation, and violent outbursts towards the children. The 13-year-old child's wishes were given specific weight. The relocation application was dismissed as the children were to live primarily with the father.

The court ordered that the husband pay the wife a sum of $2,565,113 within one year, with interest payable on any outstanding amount. All previous parenting orders were discharged. The father was granted sole parental responsibility for making major long-term decisions, subject to advising the mother and considering her response. The children were ordered to live with the father, with specific arrangements for time spent with the mother, including alternate weekends and school holidays, varying slightly for each child. The court also made orders regarding day-to-day decision-making, communication, travel, special occasions, and restraints on parental conduct. The children's passports were to be held by the father.