Bokin & Wild

The matter before the court was an appeal by the appellant against a decision of the Family Court. The appeal related to a property settlement and parenting matters arising from the de facto relationship between the appellant and the respondent. The primary judge had found that the relationship had lasted for a long duration, although the exact commencement date was not determined. The parties had five children together, and the respondent also had an adult child from a previous relationship. After a lengthy hearing, the primary judge made a property settlement order that favoured the respondent by 65:35. The appellant sought to appeal the findings of the primary judge regarding the contributions made by each party, the future needs of the parties, and the implementation of the division.

The legal issues before the court were whether the primary judge erred in finding that the contributions of the parties warranted a 60 per cent adjustment in favour of the respondent, and if the reasons provided for the 10 per cent adjustment which resulted in a $914,696.75 differential between the parties were inadequate. The appellant submitted that the finding of 60:40 in favour of the wife, leaving the parties with a differential of 20 per cent or $914,696.75, was plainly unjust.

The court found that the primary judge had given careful consideration to the evidence presented and had made findings that were open on the evidence. The court held that the primary judge's reasons for the 10 per cent adjustment were sufficient and did not err in finding that the contributions of the parties warranted a 60 per cent adjustment in favour of the respondent. The court found that the overall division of 65:35 in favour of the respondent was appropriate.

The appeal was dismissed, and the orders of the primary judge were upheld. The respondent was entitled to keep the property at G Street, Suburb O, and the appellant was required to transfer the development site at J Street, Suburb L to the respondent. The respondent was to complete the outstanding work, subdivide the townhouses, sell them and give effect to the 65:35 split out of the sale proceeds.