BALDOCK & CAIRNEY

This matter concerned an application by the Applicant and Respondent for consent orders regarding the division of their property following the dissolution of their de facto relationship. The court, presided over by Judge Young, was asked to make declarations and orders concerning various assets and liabilities of the parties.

The court was required to determine the existence of a de facto relationship between the parties and to make orders for the division of their property, including real estate, financial accounts, a timeshare, a caravan, interests in a trust, and a franchise. The orders also addressed the discharge of mortgages and loans associated with the properties, as well as indemnities between the parties concerning these liabilities.

The court made declarations and orders by consent, acknowledging the existence of a de facto relationship between the parties from 2012 until 18 April 2018. The net proceeds from the sale of a property were to be divided, with the Applicant receiving a larger share. The parties were to indemnify each other regarding specific mortgages and loans associated with their respective homes, with provisions for the discharge of these loans within set timeframes. In the event of a failure to discharge loans, the respective properties were to be placed on the market for sale. Further orders dealt with the transfer of a motorcycle and timeshare to the Respondent, the sale of a caravan with proceeds to be distributed, and the Applicant's resignation as a trustee and surrender of her power of appointment in a trust, with the Respondent indemnifying the Applicant for trust liabilities. The Applicant was also to assign her interest in a franchise to the Respondent. Finally, the court ordered that each party's remaining property and personalty vest absolutely in them, free of further claims, and that each party bear their own costs, with the transferee in each instance to pay the costs of any necessary transfers.