Davis v McElwaine & Ors

In the case of Davis v McElwaine & Ors, the dispute arose between the parties involved in a de facto relationship. The case was heard in the Family Court of Western Australia. The primary issue was whether the court should make an order to adjust the property interests of the parties under section 20 of the Property (Relationships) Act 1984. The court had to consider various factors in making this adjustment, including the financial and non-financial contributions made by each party towards the acquisition, conservation, and improvement of the property and various businesses. The court also had to consider the homemaking and parenting contributions made by each party. Both parties were liable under a contract for the sale of part of the property and lending agreements.

The court considered the contributions made by each party to the relationship and the property. The court found that the applicant had made significant financial contributions towards the property, while the respondent had made significant homemaking and parenting contributions. The court considered the nature and extent of the contributions made by each party and the extent to which those contributions were directed towards the acquisition, conservation, and improvement of the property and businesses. The court also considered the length of the relationship and the age and health of the parties.

The court held that an order should be made to adjust the property interests of the parties. The court found that the applicant's financial contributions were significant but not to the exclusion of the respondent's homemaking and parenting contributions. The court considered the contributions made by each party to be of equal value and ordered that the property be divided equally between the parties. The court also considered the liabilities of the parties under the contract for the sale of part of the property and the lending agreements.

The court ordered that the property be divided equally between the parties and that each party bear their own liabilities under the contract for the sale of part of the property and the lending agreements. The court also ordered that the parties bear their own legal costs of the proceedings.