Chanter v Catts

The appeal in *Chanter v Catts* concerned an adjustment of interests under section 20 of the *Property (Relationships) Act 1984* (NSW). The dispute arose between former de facto partners regarding the division of their property. The case was heard by the Court of Appeal of New South Wales.

The primary legal issue before the court was how to approach the adjustment of property interests under section 20 of the Act, particularly where superannuation entitlements constituted a significant financial resource. The court was required to determine whether there was a necessary connection between a party's contribution to the accumulation of a superannuation entitlement and the incidence of adjustment of that resource in favour of the other party.

The majority of the court, comprising Hodgson JA and Bryson JA, allowed the appeal and ordered further adjustments. Their Honours disapproved of the views expressed by Powell and Cole JJA in *Green v Robinson*, which suggested a closer link between contribution and adjustment in relation to superannuation. The court held that there is no necessary relationship between the contribution made to a financial resource, such as superannuation, and the incidence of adjustment of that resource under section 20. David Hunt AJA agreed with the outcome.

Consequently, the appeal was allowed, and the original orders were varied to reflect the further adjustments ordered by the court.