Bowden v Foster

Bowden and Foster were former de facto partners who brought an application to the Family Court for an adjustment of their respective property interests under section 20 of the Property (Relationships) Act 1984. Bowden sought to have contributions made by Foster in an earlier relationship taken into account, arguing that these contributions should influence the division of their property following their breakup. The court was required to determine whether such contributions could be considered in the calculation of their property settlement.

The legal issues before the court were whether the contributions made by Foster in an earlier relationship were relevant to the assessment of the parties' property interests under section 20 of the Act, and if so, how these contributions should be quantified and weighted. The court needed to consider the principles established in previous cases such as *Re Dawson* and *Jones v Barnett*, which provide guidance on the types of contributions that can be taken into account and the methodology for assessing their value. Specifically, the court had to decide whether the contributions in question were of a nature that warranted inclusion in the property pool and whether they were made with the intention of benefiting the de facto relationship.

The court held that the contributions made by Foster in the earlier relationship could be considered in the adjustment of the parties' property interests. It found that these contributions, while not directly related to the de facto relationship, were of a nature that could be taken into account if they influenced the acquisition or maintenance of property that was later included in the pool for division. The court applied the principles of fairness and justice in determining the weight to be given to these contributions. Ultimately, it made an order for an adjustment of the parties' property interests, taking into account the contributions in the earlier relationship as well as other factors relevant to the division of property under the Act.

The court ordered that the property interests of Bowden and Foster be adjusted in accordance with the findings, with specific allocations made to reflect the contributions considered. The order detailed the division of assets and liabilities, reflecting the court's consideration of all relevant factors, including the contributions in the earlier relationship.