FEATHERSTONE & REYNOLDS

In FEATHERSTONE & REYNOLDS, heard by Judge Riethmuller, the applicant sought orders for property settlement following the breakdown of a de facto relationship. A key issue was whether the applicant should be granted leave to bring her application out of time, as the standard period for such applications had expired. The respondent disputed the existence of a de facto relationship.

The court was required to determine two primary legal issues: first, whether a de facto relationship existed between the parties, and second, if so, whether to grant the applicant leave to proceed with her property settlement application out of time. If leave was granted, the court would then need to consider the division of the parties' limited property pool, taking into account their respective contributions and circumstances, including their poor health and the applicant's disability support pension.

Judge Riethmuller found that a de facto relationship did exist between the parties and granted the applicant leave to proceed with her application out of time, pursuant to sections 90RD and 44(6) of the Family Law Act 1975 respectively. In determining the property division, the court considered the small pool of assets and the parties' respective contributions and health issues. The court ordered that the respondent pay the applicant 12.5 per cent of the net proceeds of the sale of a property located at B Street, Town C, by 30 June 2020, or alternatively, the sum of $20,625. The applicant was granted a charge over the property to secure her interest. The court also made orders regarding the division of other property, superannuation, and liabilities, severing any joint tenancies.