COULTER & JAMIESON

The parties in this matter were Coulter and Jamieson, and the dispute concerned property settlement following a de facto relationship. The proceedings were before Hogan J of the Family Court of Australia.

The court was required to determine whether a de facto relationship existed between the parties and to make final orders regarding the division of their property. Specifically, the court needed to address the transfer of a property, the condition of that property upon transfer, and the allocation of responsibility for various outgoings and costs associated with the property and related litigation.

By consent of the parties, Hogan J declared that a de facto relationship existed between January 2005 and October 2010, pursuant to s 90RD of the Family Law Act 1975 (Cth). The court then made final orders by consent under ss 90SM(1)(a), (c), and (d)(i) of the Act. These orders mandated the transfer of a property located at D Street, Suburb E, from the Respondent to the Applicant within seven days, free of encumbrances and including any associated car park. The Respondent was also ordered to deliver the property vacant, clean, and in good repair, and was restrained from damaging it or removing fixtures. The Respondent was to be liable for all outgoings for the property up to 13 June 2016. Furthermore, upon the Respondent paying $46,108.01 in costs, the Applicant was to discontinue Supreme Court proceedings. Both parties were to retain other property in their possession. The orders also provided for the appointment of a building inspector and outlined a mechanism for the removal of a caveat upon compliance with certain conditions. Crucially, s 106A of the Family Law Act 1975 (Cth) was invoked, appointing a Registrar to execute any necessary documents if a party failed to do so.