Allenby and Kimble

In *Allenby & Kimble* [2014] FamCA 110, the Family Court of Australia considered an application by Ms Allenby for property adjustment orders against Mr Kimble following the breakdown of their de facto relationship. The dispute centred on the division of property accumulated during their approximately ten-year relationship, with particular focus on the parties' respective financial and non-financial contributions.

The court was required to determine whether it was just and equitable to make property adjustment orders, and if so, what those orders should be. This involved identifying and valuing the parties' existing legal and equitable interests in their property, liabilities, and superannuation. The court also had to assess the contributions made by each party to the relationship, both financially and non-financially, and consider other relevant matters under section 90SM(4) of the *Family Law Act 1975* (Cth), including the impact of any orders on the parties' future earning capacities and any matters relevant under section 90SF(3).

Applying the principles from *Stanford & Stanford* (2012) 247 CLR 108, the court found that it was just and equitable to make property adjustment orders given the voluntary breakdown of the de facto relationship. The court adopted a four-step approach to determine the appropriate orders, which involved identifying and valuing the parties' assets and liabilities, assessing contributions, considering other relevant matters, and finally, determining the just and equitable outcome. The court noted that while Mr Kimble made greater financial contributions, Ms Allenby made greater non-financial contributions, including significant care during her illness. The court also addressed issues regarding the valuation of certain assets and the notional add-back of superannuation funds used for legal costs.

Ultimately, the court ordered Mr Kimble to pay Ms Allenby the sum of $100,000 within two months, with each party to retain their remaining property interests and be responsible for their own debts.