BOLT & WALDO

Case

[2017] FamCA 402

9 June 2017


Details
AGLC Case Decision Date
BOLT & WALDO [2017] FamCA 402 [2017] FamCA 402 9 June 2017

CaseChat Overview and Summary

In the matter of *Bolt & Waldo*, heard by Cleary J, the dispute concerned the declaration of a de facto relationship and the subsequent property settlement between Ms Bolt (the Applicant) and Mr Waldo (the Respondent). The parties cohabited for approximately 18 months, during which they shared a sexual relationship, had a child together, and jointly invested in building a property. Ms Bolt also provided significant assistance to Mr Waldo during a period of severe illness lasting about 12 months, and the parties were known as a couple by their social circles.

The court was required to determine whether a de facto relationship existed between the parties and, if so, for what period. Furthermore, the court had to consider the division of the parties' property, taking into account their respective contributions to the relationship, including financial and welfare contributions, and the fact that Ms Bolt had the majority care of the parties' child.

Cleary J declared that a de facto relationship existed between Ms Bolt and Mr Waldo from February 2011 to 14 July 2014, and that a child was born of this relationship in 2013. In relation to property settlement, the court acknowledged that while initial contributions favoured Mr Waldo, both parties worked hard to establish a new business. The court found Ms Bolt's financial and welfare contributions to be substantial and deserving of recognition, particularly in light of her majority care for the child. Consequently, the court ordered a 65/35 per cent division of the property in favour of Mr Waldo. The orders also detailed the transfer of interest in a specific property to Ms Bolt and stipulated payment of a sum of money, with provisions for the sale of other properties if the payment was not made by a specified date.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Remedies

  • Costs

  • Penalty

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Jonah & White [2011] FamCA 221
Singer v Berghouse [1994] HCA 40
Stanford v Stanford [2012] HCA 52