BORMAN & HUNTER

In the matter of Borman & Hunter, Hogan J of the Family Court of Australia considered a property settlement dispute between a husband and wife. The central disagreement concerned the characterisation and duration of their relationship, with the husband asserting a relationship of approximately 30 years, while the wife, represented by her case guardian, contended it was primarily a business association. The court was required to determine whether a de facto relationship existed and, if so, to consider the division of a substantial property pool encompassing family trusts, companies, valuables, and real property, including a charitable trust.

The primary legal issue before the court was the determination of a de facto relationship and its implications for property division under the relevant legislation. The court also had to consider the appropriate orders to be made in relation to the parties' assets, particularly the management of a charitable trust.

Hogan J found that a de facto relationship did exist between the parties. In reaching this conclusion, the court would have applied the criteria for establishing a de facto relationship under the Family Law Act 1975 (Cth). The court's reasoning would have involved an assessment of the various factors indicative of such a relationship, notwithstanding the wife's contention of a more business-oriented association. The court also indicated that an order would be made to appoint a corporate trustee, independent of the parties, to manage the charitable trust.

By way of interim order, Mr Borman was directed to deliver three one-kilogram bars of gold to a place nominated by Ms Hunter within 14 days. The matter was listed for further hearing to enable the parties to present proposed orders for property settlement, with specific filing deadlines set for minutes of proposed orders.