B v M

[2012] QDC 79

DISTRICT COURT OF QUEENSLAND

CITATION:

B v M [2012] QDC 79

PARTIES:

B
(Applicant)

v

M
(Respondent)

FILE NO/S:

DIVISION:

PROCEEDING:

Application

ORIGINATING COURT:

DELIVERED ON:

2 May 2012

DELIVERED AT:

Goondiwindi

HEARING DATE:

2 May 2012

JUDGE:

Samios DCJ

ORDERS:

1.   The respondent to pay the applicant the sum of $41,187.60.

2.   The applicant and the respondent forthwith sell the shares in joint names and credit the proceeds to NAB account; number 082829, account number 486185577. And the balance thereof be met by the parties in equal shares so the account can be closed.

3.   Liberty to apply.

CATCHWORDS:

Family law and child welfare – De Facto relationships – adjustment of property interests

COUNSEL:

The applicant represented herself.
The respondent represented himself.

SOLICITORS:

1. This is an application pursuant to Part 19 of the Property Law Act 1974. The applicant and the respondent, whom I shall refer to as the applicant and the respondent, so they are not identified in these reasons, were in a de facto relationship for about 13 years.

1. The relationship commenced in about August 1995 and ended on the 3rd of September 2008.  The applicant seeks a just and equitable distribution of property.  Further, or in the alternative, she seeks an order that the combined property of parties, or either of them, shall be adjusted so the applicant be awarded 65 per cent thereof.

1. The respondent, in his affidavit, says that pursuant to the Act, the combined property of the parties, or either of them, should be adjusted so the applicant can be awarded 60 per cent thereof.  Neither of the parties have expressly stated what order they would seek to be made by the Court. 

1. During submissions, reference was made to attempts to settle the dispute, however I consider neither party was prepared to state expressly the order, or orders they would seek to be made today.

1. The applicant was born on the 10th of April 1971 and is now 41 years of age.  The respondent was born on the 13th of September 1967 and is now 44 years of age.  The applicant and the respondent have four children from the relationship.  Those children are aged 15 years, 14 years, 13 years and 11 years respectively.

1. The respondent has married on the 4th of April 2009.  The applicant has the custody of the four children.  When they lived together, the applicant and the respondent lived in bank provided accommodation.  They had been in such accommodation at 12 Bernborough Street here in Goondiwindi for five years when they separated.

1. Since separation, the applicant purchased land on the 28th of May 2009.  She borrowed a hundred thousand dollars from her parents and borrowed more money from a financial institution so she could build a house on the land.  She and the children moved into the house on 13 August 2010.  On the other hand, the respondent's wife borrowed money and purchased a house at 13 Pitt Street Toowoomba in April 2009.

1. The respondent does not have an…