Event and Time
Event Description
This case revolves around the determination of a de facto relationship and the appropriate property adjustments following the end of that relationship. The proceedings were initiated on May 5, 2021, with the applicant seeking property orders relating to a property located at B Street, Suburb C, NSW.
Application and Claims
- Applicant's Claims:
- Confirmation of a de facto relationship from 2007 until December 2020. - Request for property orders including the sale of the B Street property and a division of the net balance, specifically seeking 70% to the de facto wife and 30% to the de facto husband.
- Respondent's Claims:
- Dismissal of the applicant's application for claims regarding the property. - Proposed an alternative resolution of $160,000 to be paid to the applicant along with the removal of a caveat placed on the property by the applicant.
Judicial Decisions
- The Court determined that a de facto relationship existed from 2007 until December 2020.
- Orders were made for the sale of the B Street property, including specific conditions for the sale and the division of proceeds, with 63.5% going to the de facto wife and 36.5% going to the de facto husband.
Dispute Points and Legal Basis
Dispute Points
- Claims: Determination of the existence and duration of the de facto relationship.
- Arguments:
- Applicant: Established that a de facto relationship existed and argued for a greater share of the property due to contributions and duration of the relationship. - Respondent: Contended that the relationship did not exist as claimed, sought to minimize the applicant's share, and proposed a lump sum settlement instead of property division.