WINN & WINN

In the matter of WINN & WINN, Johnston J of the Family Court of Australia made orders concerning the property settlement and child support arrangements between the parties. The dispute involved the division of assets, including the former matrimonial home and superannuation interests, and an application to depart from the current child support assessment.

The court was required to determine the appropriate distribution of the parties' property interests, including the former matrimonial home and their respective superannuation entitlements. Additionally, the court had to consider whether to depart from the existing child support assessment for their child, J, and if so, to what extent and for what period.

Johnston J ordered that the wife pay the husband a sum of $111,279 and discharge the existing mortgage on the former matrimonial home within 42 days, in exchange for the husband transferring his interest in the property to her. If the wife failed to meet this payment, the home was to be sold, with proceeds applied first to selling expenses and the mortgage, and the balance divided with 83.953% to the wife and 16.047% to the husband. Otherwise, each party was to retain property and superannuation in their possession. The court also ordered a departure from the current child support assessment, requiring the husband to pay $200 per week for J from 1 July 2011 to 30 June 2013, after which standard assessment would apply. The wife was granted sole control over ASG Scholarship Fund payments for J's school fees. The orders were to commence operation on 19 July 2011, with leave for parties to re-list for submissions on the form of orders until 18 July 2011.