Xuen and Chao

In the matter of Xuen and Chao, Tree J of the Family Court of Australia made orders concerning parenting arrangements and property settlement. The dispute involved the father seeking sole parental responsibility for the two children and the division of various assets, including real property, shares, and superannuation interests.

The court was required to determine the appropriate parenting orders for the children, considering their best interests. Additionally, the court had to adjudicate the division of the parties' property, including two properties in Queensland, various shareholdings, and superannuation funds, as well as address the husband's business interests.

Tree J ordered that the father have sole parental responsibility for the children and that they live with him, with provisions for the children to spend time and communicate with the mother as agreed in writing. In relation to property, the wife was ordered to repay a sum to a superannuation fund and pay a sum to the husband. The husband was to receive the wife's interest in two Queensland properties, with detailed provisions for the transfer process, including the husband's sole right to occupy one property pending transfer and his responsibility for associated costs. The husband was also to receive the wife's interests in various shareholdings. The court made specific orders regarding the division of superannuation, allocating 100 per cent of the wife's interest in Australian Super to the husband and ordering the wife to relinquish her entitlement in the N Super fund, which included a property at O Street, Suburb P. The husband was to retain his business interests free from any claim by the wife. The orders also stipulated that each party would retain assets in their possession from a specified date, with provisions for indemnifying each other against liabilities. The wife was ordered to pay the husband's costs of the proceedings.