Event and Time
Event Description
- Court proceedings between Ms. Breese (the de facto wife) and Mr. Gillett (the de facto husband) focusing on property settlement and trust claims related to their separation beginning in June 2015.
- Ongoing disputes involving a boat owned jointly by the couple and a third party, Ms. Callander.
Application and Claims
- Ms. Breese initiated proceedings for a 50% split of the “net matrimonial pool” and claimed that “C Pty Ltd” held property on trust for her.
- Mr. Gillett opposed the claims and sought alternative property settlement orders.
- Ms. Callander claimed ownership of the boat “H” and sought various declarations regarding the ownership interests of Ms. Breese and Mr. Gillett.
Judicial Decisions
1. Application by Ms. Callander for a discrete hearing was dismissed. 2. Adjournment of applications for a Case Management Hearing set for October 22, 2021. 3. Parties ordered to file a Costs Notice and seek agreements on trial-related matters. 4. Costs from previous hearings reserved for trial.
Dispute Points and Legal Basis
Dispute Points
- For Ms. Breese (de facto wife):
- Claims she is entitled to 50% of the net matrimonial pool. - Affidavits support her claims of trust interests in the property and argue against separate hearings that could prolong proceedings.
- For Mr. Gillett (de facto husband):
- Challenges Ms. Breese's claims and proposes alternative settlement orders. - Opposes Ms. Callander's request for a discrete hearing on the boat ownership.
- For Ms. Callander (Sixth Respondent):
- Claims that both Ms. Breese and Mr. Gillett have no interest in the boat “H.” - Seeks a separate hearing to address ownership disputes and her declarations.