AARON & JENKINS

In the matter of *Aaron & Jenkins*, Benjamin J of the Federal Circuit and Family Court of Australia considered an application for property adjustment between Mr Aaron (the applicant) and Ms Jenkins (the respondent) in circumstances where the parties agreed that a de facto relationship existed for the purposes of Part VIIIAB of the *Family Law Act 1975* (Cth). The dispute concerned the division of various assets and liabilities, including real estate, vehicles, debts, and superannuation entitlements.

The court was required to determine the appropriate property adjustment between the parties, considering their respective contributions, financial resources, and the need to achieve a just and equitable outcome. This involved assessing the value of numerous assets and liabilities, including a property in Queensland, several motorcycles, various debts owed to third parties and family members, and superannuation funds. The court also had to address the termination of a business partnership between the parties and the allocation of responsibility for partnership liabilities.

Benjamin J applied the principles of property adjustment under the *Family Law Act 1975* (Cth), considering the specific circumstances of the de facto relationship. The court's reasoning led to a detailed division of property and liabilities. The respondent was ordered to pay a sum of money to the applicant and was primarily responsible for the Queensland property, subject to existing mortgages, and a significant debt owed to her mother. The applicant was allocated various motorcycles, tools, a car, household contents, and specific bank accounts, while also assuming responsibility for several debts. The court also made declarations regarding the termination of the business partnership and allocated superannuation entitlements.

The orders provided for the respondent to pay $3,113 to the applicant within ninety days, with provisions for the sale of the Queensland property if this payment was not made. The respondent was also ordered to be responsible for a $27,000 debt to her mother and to indemnify the applicant in relation to it. The business partnership was declared terminated as of 24 November 2014, with the applicant indemnifying the respondent for certain partnership liabilities. The court further ordered a specific division of joint bank accounts, allocated numerous individual assets and liabilities to each party, and severed any joint tenancies. All extant applications were dismissed, save for any costs applications.