CALDER & CHEFFER

In the matter of *Calder & Cheffer*, heard by Judge L. Turner, the dispute concerned the Applicant's claim for an alteration of property interests. The Applicant, Ms Calder, sought orders under Part VIIIAB, Division 2 of the *Family Law Act 1975* (Cth) concerning property division arising from a de facto relationship with the Respondent, Mr Cheffer.

The central legal issue before the Court was whether it possessed jurisdiction to make orders for the alteration of property interests. This depended on whether the de facto relationship met the threshold requirements for the Court's jurisdiction under section 90SB of the *Family Law Act 1975*. Specifically, the Court had to determine the duration of the de facto relationship and whether it satisfied the minimum two-year period stipulated in section 90SB(a), or if any of the alternative criteria in sections 90SB(b), (c), or (d) were met.

The Court declared that Ms Calder and Mr Cheffer were in a de facto relationship for a period of eighteen months, from April 2009 to October 2010. As this period was less than the two years required by section 90SB(a) of the *Family Law Act 1975*, and none of the other jurisdictional grounds under sections 90SB(b), (c), or (d) were applicable, the Court found that it did not have jurisdiction under Part VIIIAB, Division 2 of the Act to make orders pertaining to maintenance or alterations of property interests. Consequently, the Applicant's application for alteration of property interests was dismissed.