Alcorta & Badami

This matter concerned a property dispute between Mr. Alcorta (the husband) and Ms. Badami (the wife) following an eight-year relationship. The primary asset in dispute was the C Street, Suburb D property. The court was required to determine the weight to be given to the husband's initial contributions, specifically funds advanced by his father before the relationship commenced, and whether these should be treated as a loan or a gift. Additionally, the court had to consider the weight to be given to various section 75(2) factors favouring the wife.

The court's reasoning focused on achieving a just and equitable outcome for both parties. It rejected the husband's submission that an email from the wife in 2018, stating she did not care what the property sold for as long as she received a required sum, justified excluding her from the sale process. The court found it was in both parties' interests to obtain the best possible price for the property and that the wife should have sole occupation of the home pending sale, given she and the children continued to reside there post-separation. The court also dismissed the husband's request for a 48-hour period to vacate the home to collect belongings, deeming it unreasonable and suggesting parties should arrange an agreed time.

After considering the totality of the evidence, the court ordered that the sum of $307,922 be repaid from the proceeds of sale to the husband's father, treating the advance as a loan. The remaining proceeds of sale were to be divided 60% to the husband and 40% to the wife. The court also made orders regarding the sale of the C Street, Suburb D property, including the wife's sole right to occupy it pending sale, and provisions for the division of superannuation entitlements.