DAVISON & HANNIGAN

The parties, Davison and Hannigan, were involved in a dispute concerning the alteration of property interests arising from a de facto relationship. The central issue was the date of separation, with the respondent asserting that separation occurred prior to 2009, which would impact the court's jurisdiction to hear the matter. The case was heard by Young J.

The primary legal issue before the court was to determine the correct date of separation between the parties. This determination was critical as it directly affected whether the court possessed the necessary jurisdiction to make orders regarding the division of property under the relevant family law legislation. The court was required to assess the evidence presented by both parties, particularly concerning their conduct and intentions following the alleged separation.

Young J's reasoning focused on the credibility of the parties and the objective indicators of separation. The court considered the parties' continued cohabitation, their financial arrangements, and their representations to third parties. Ultimately, Young J found that the respondent's assertion of an earlier separation date was not supported by the evidence, and concluded that the parties had not separated until a later date, thereby establishing the court's jurisdiction.