Wong and Wei (No 2)

This matter before Brown J concerned parenting and property disputes between the husband and wife regarding their child. The court was tasked with determining the appropriate parenting arrangements for the child and the division of the parties' property.

The court was required to consider the best interests of the child in making parenting orders, specifically addressing issues of equal shared parental responsibility, the child's living arrangements, communication between parents and the child, and the prevention of denigration of either parent in the child's presence. Furthermore, the court had to determine the sale of the parties' property, the distribution of the proceeds, and the retention of various assets and liabilities by each party.

In relation to parenting, Brown J found that the husband had not taken advantage of existing orders for time with the child and appeared to desire time on his own terms, rather than a genuine shared care arrangement. The court noted that the wife had consistently offered more time than the husband was prepared to accept. The judge was satisfied that a removal of the child from the wife's primary care would be devastating for the child, taking into account the child's wishes, his attachment to his mother, and the significant changes such a move would entail. The court also considered the practical difficulties and expense of the child spending time with the husband, noting the husband's unsubstantiated claims about his employment and financial position. Regarding property, the court ordered the sale of the S property, with the proceeds to be applied first to sale costs and outstanding rates, then to discharge the mortgage, and the balance to be held on trust. A notional pool was created by combining the remaining proceeds with other identified assets. The court then detailed the disbursement of this pool, with specific sums allocated to the wife, including an amount for costs, and the balance to the husband. Each party was also ordered to retain certain assets and liabilities to their exclusion.

The court made detailed orders regarding the parenting of the child, including equal shared parental responsibility and specific living arrangements, with the child to live with the wife at all times other than those set out for the husband. The court also made orders for the sale of the S property and the division of the proceeds, along with orders for each party to retain certain assets and liabilities. The husband was ordered to pay $18,353 towards the wife's costs. All extant applications were dismissed, and the proceedings were removed from the list of matters awaiting finalisation.