Balstone & Hamer

In the matter of *Balstone & Hamer*, heard before Newbrun J, Ms Balstone was the applicant and Mr Hamer was the respondent. The dispute concerned the division of property following the breakdown of the parties' relationship. The court was required to determine the duration of the de facto relationship between the parties and to make orders for the division of their assets and liabilities.

The primary legal issue before the court was to determine the period during which the parties were in a de facto relationship, as defined by section 4AA of the *Family Law Act 1975* (Cth). This determination was crucial for the court to exercise its jurisdiction to make property adjustment orders. The court also had to consider the various assets and liabilities of the parties, including real estate, vehicles, and financial accounts, to achieve an equitable distribution.

Newbrun J considered all the documentary evidence, including affidavits and exhibits, as well as the oral evidence of the parties and their submissions. The court applied the principles outlined in section 4AA(2) of the Act, which requires regard to all the circumstances of the relationship when determining if parties were a couple living together on a genuine domestic basis. While the respondent conceded a de facto relationship existed from mid-2013 to July 2018, the applicant contended it began in June 2005. The court analysed the history of the parties' interactions, including periods of separation, overseas work commitments of the respondent, and other relationships, to make findings regarding the commencement and cessation of their de facto relationship.

The court declared that the parties were in a de facto relationship from approximately mid-2013 to approximately July 2018. Orders were made for the division of property, including the transfer of a property at B Street, Suburb C, to the applicant upon payment of a specified sum to the respondent, or alternatively, for the sale of that property with proceeds disbursed in a particular order. Further orders addressed the division of a property at D Street, Suburb E, and the allocation of sole title and interest in various shares, bank accounts, cryptocurrency accounts, and motor vehicles between the parties.