WALKER & MORTON

In the matter of *Walker & Morton*, Ms Walker and Mr Morton, the parents of two children, B and C, brought their dispute before Rees J. The proceedings concerned arrangements for the children's living arrangements and the division of the parties' property, specifically their former matrimonial home.

The court was required to determine the best interests of the children, B and C, in relation to their living arrangements, and to make orders regarding the settlement of the parties' property interests. This involved considering the application of section 60CC(3) of the *Family Law Act 1975* (Cth) concerning the children's best interests and section 90SF(3) of the *Family Law Act 1975* (Cth) in relation to property settlement in a de facto relationship.

Rees J ordered that the parents have equal shared parental responsibility for the children, with the children to live with each parent on a week-about basis during school terms. The court also made specific orders regarding communication between the children and parents, and the enrolment of the children in extra-curricular activities. In relation to property, the court ordered the sale of the former matrimonial home. Applying the factors under section 90SF(3) in favour of the mother, the court ordered that the net proceeds of sale be distributed such that the mother receives 75 per cent and the father receives 25 per cent, with an additional $10,000 to be paid to the mother from the balance. The father was ordered to vacate the property within 21 days of the mother paying him $10,000, after which the mother would have sole occupation. The mother was given carriage of the sale and directed to distribute the proceeds according to a specified priority.