DRURY & BENSON (No.2)

In the matter of *Drury & Benson (No.2)*, Judge Kari considered a dispute between parties who had been in a de facto relationship for approximately 10 years. The central issues before the court involved the valuation and inclusion of various assets and liabilities within the divisible property pool. Specifically, the court was required to determine whether certain "addbacks" should be incorporated into the pool and whether an alleged loan from the Applicant's parents should be brought to account. The Applicant also sought a *Kennon* adjustment.

The court's reasoning focused on the principles governing the division of property in de facto relationships under Part VIIIAB of the *Family Law Act 1975*. Judge Kari considered the evidence presented regarding the alleged loan and the various addbacks, applying established legal principles to determine their relevance and impact on the property pool. The court ultimately made declarations regarding the existence of the de facto relationship and proceeded to make orders for the final settlement of property.

The orders made by Judge Kari provided for the proceeds from the sale of the former relationship home to be distributed with 60% allocated to Ms Drury and 40% to Mr Benson. Additionally, Mr Benson was ordered to pay a specific sum to Ms Drury within 90 days, with provisions for interest and the potential sale of another property should he default. The orders also clarified the responsibility for various liabilities, including a loan to Mr Benson's mother, and stipulated that each party would retain their respective assets not otherwise dealt with in the orders.