Evans v Hollenberg

[2024] QDC 56

DISTRICT COURT OF QUEENSLAND

CITATION:

Evans v Hollenberg [2024] QDC 56

PARTIES:

SAMANTHA HELEN EVANS
(Applicant)

v

JASON LEE HOLLENBERG

(Respondent)

FILE NO/S:

BD3176/23

DIVISION:

Civil

DELIVERED ON:

23 April 2024

DELIVERED AT:

Brisbane

HEARING DATE:

15 April 2024

JUDGE:

Barlow KC, DCJ

ORDERS:

The respondent’s application filed on 2 February 2024 be dismissed.

CATCHWORDS:

PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – the applicant and respondent were in a de facto relationship that broke down – during the relationship they bought a property as joint tenants, which was later altered to tenants in common in equal shares - the applicant brought an application for the appointment of statutory trustees for sale and division of the proceeds of sale – the respondent applied, within that application, for an adjustment to the division of proceeds - there is jurisdiction to apply to the Federal Circuit and Family Court in respect of property division between former de facto partners – no such application had been made - an application in the Federal Circuit and Family Court would be out of time – the originating application sought an adjustment of the parties’ rights to the proceeds of sale to allow for payment of the applicant’s costs from the respondent’s share – whether the originating application seeks to alter the parties’ rights to the proceeds of sale - whether originating application is within jurisdiction of the District Court – whether the respondent’s application is within the jurisdiction of the District Court

District Court Act 1967 s 68
Family Law Act 1975 (Cth) s 4
Property Law Act 1974 ss 9A, 38, 39B, 42, 44

Emerald & Emerald [2018] FamCAFC 217
JAB v The Executors of the Estate of the late MST [2022] QSC 226
Krasnoff v Krasnoff [2017] QDC 100
Ranger v Ranger [2009] QCA 226

COUNSEL:

Ms S K Long for the applicant

Mr S E Fisher for the respondent

SOLICTORS:

Power & Cartwright for the applicant

Stolar Law for the respondent

1. Between 2009 and 2017, the parties were living together in a de facto relationship.  During that relationship, they bought a house.  They were registered as joint tenants of the fee simple. 

2. They separated in October 2017.  Ms Evans left the property to live elsewhere.  Mr Hollenberg remained living in the house and still lives there.  Some time later, Ms Evans formally severed the joint tenancy and they became registered as tenants in common in equal shares.

3. Apparently the parties made several attempts to sell the house, but for reasons unknown to me they did not succeed.  On 30 October 2023, Ms Evans filed an originating application seeking the appointment of statutory trustees for the sale of the property.  On 1 December 2023, Judge Smith DCJA ordered the appointment of trustees for sale and directed them to sell the property and to hold the net proceeds of sale on trust for the parties in equal shares (subject to one qualification described below) unless, in the…