D v D

[2007] QSC 131

SUPREME COURT OF QUEENSLAND

CITATION:

D v D [2007] QSC 131

PARTIES:

D
(applicant)
v
D
(respondent)

FILE NO/S:

BS11251 of 2006

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

27 February 2007

DELIVERED AT:

Brisbane

HEARING DATE:

27 February 2007

JUDGE:

Lyons J

ORDER:

1. The applicant be granted leave to apply for a property adjustment order pursuant to part 19 of the Property Law Act 1974

2.   The applicant’s application for property adjustment to proceed on the basis of the originating application, filed 21 December 2006

3.   The application for property adjustment be adjourned to a date to be fixed

4.   No order as to costs

CATCHWORDS:

FAMILY LAW AND CHILD WELFARE – DE FACTO RELATIONSHIPS – ADJUSTMENT OF PROPERTY INTERESTS – OTHER MATTERS - where de facto spouse sought leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974 (Qld) – where more than two years have elapsed since the relationship ceased – where the applicant had a sufficient explanation as to the delay – whether the applicant would suffer ‘hardship’ if denied leave to apply

FAMILY LAW AND CHILD WELFARE – DE FACTO RELATIONSHIPS – ADJUSTMENT OF PROPERTY INTERESTS – OTHER MATTERS - where de facto spouse sought leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974 (Qld) – where more than two years have elapsed since the relationship ceased – where the applicant would suffer ‘hardship’ if denied leave to apply – whether the judge should exercise the discretion to grant leave to apply

Property Law Act 1974 (Qld) s 288

In the Marriage of Neocleous (1993) 113 FLR 451, followed
In the Marriage of Whitford (1979) FLC 90-612, followed
Mackenzie v Mackenzie (1978) FLC 90-496, followed
SAM v IDP; IDP v SAM [2006] QSC 344, followed

COUNSEL:

N Sayers for the applicant
A McDiarmid for the respondent

SOLICITORS:

Rogers Matheson Clark for the applicant
Robin Watson Solicitors for the respondent

1. LYONS J: Pursuant to an application filed on the 21st of December 2006, the applicant seeks leave to apply for a property adjustment order under part 19 of the Property Law Act 1974.

1. Leave is required as more than two years have elapsed from when the de facto relationship relied upon ended, and in fact, some four years and three months has elapsed.

1. The applicant is currently 49 years of age and the respondent is 43 of age and they commenced co-habitation in 1987 and lived together in a de facto relationship until their relationship ended in September 2000.  The relationship was, therefore, a relationship of some 13 years and two children were born during this period.

1. The relevant facts are as follows.  In September 1987, the parties commenced co-habitation in the respondent's property at Nambour Street, Runaway Bay.  On the 3rd of August 1990, the child, B, was born.  In 1992 the respondent sold his Runaway Bay property and purchased…