TRITTON & DUCATTI

This case concerned a dispute between a husband and wife regarding property and parenting arrangements for their two children. The wife held two properties on trust for the husband and his father, who were partners and directors/shareholders of a building company. The husband and wife each held a 50% interest in the net value of these properties.

The court was required to determine the appropriate parenting orders for the children, including the allocation of parental responsibility and the specific time each parent would spend with the children. Additionally, the court needed to address the property interests, specifically the wife's beneficial interest in the two real estate properties held on trust, and make final property alteration orders.

Henderson J discharged previous parenting orders and established equal shared parental responsibility. The children were ordered to live with the mother, with detailed provisions for the father's time with them, which varied over time as the children aged and commenced formal schooling. The court also declared that the wife held the Suburb G and Suburb D properties on trust for the husband and his father. Final property orders included the wife vacating the Suburb G property upon payment of $50,000, followed by a further payment of $513,800 to the wife once the mortgage on the Suburb D property was discharged or her liability extinguished. The parties were to indemnify each other for liabilities in their respective names, and each was to retain their personal property, with specific items of personalty allocated to the husband.