H v M

[2006] QSC 354

SUPREME COURT OF QUEENSLAND

CITATION:

H v M [2006] QSC 354

PARTIES:

H
(applicant)
v
M
(respondent)

FILE NO/S:

BS 3537/05

DIVISION:

Trial Division

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Supreme Court
Queensland

DELIVERED ON:

27 November 2006

DELIVERED AT:

Brisbane

HEARING DATE:

9 November 2006

JUDGE:

Lyons J

ORDER:

That the respondent pay the applicant $9,249.10 within 60 days and that upon such payment, the applicant immediately do all acts and things necessary to transfer her interest in the Deception Bay property to the respondent.1.    

If the payment required by paragraph 1 is not made within 60 days then the property at Deception Bay be listed for sale and that upon such sale the sum of money required to ensure that the respondent receives 70 per cent of the net property pool be paid to the respondent with the applicant retaining the balance proceeds.2.    

That except as otherwise provided each party retain all property and other assets currently held by them.3.    

4.Liberty to each party to apply on 3 days notice in writing to the other.  4.   

CATCHWORDS:

FAMILY LAW AND CHILD WELFARE – DE FACTO RELATIONSHIPS – ADJUSTMENT OF PROPERTY INTERESTS – GENERALLY

Acts Interpretation Act 1954, s 32DA, s 32DA(2)
Property Law Act 1974 (Qld), Part 19, s 260, s 261, s 286,
s 287, s 293, s 296, s 297, s 298, s 299, s 399, s 300, s 303, s 305, s 309

Bonnici and Bonnici (1992) FLC 92-272 [cited]
McMahon and McMahon (1995) FLC 92-606 [cited]         NFO v PFA [2005] QSC 176 [applied] Quinn and Quinn (1979) FLC 90-677 [cited]
S v B [2004] QSC 80 [applied]

COUNSEL:

P J Sweetapple for applicant
C F O’Meara for respondent

SOLICITORS:

Shila Batenburg & Associates for applicant
Beven Bowe & Associates for respondent

1. LYONS J: This is an application pursuant to Part 19 of the Property Law Act 1974 (Qld) (“PLA”) for a property adjustment.  The applicant is 41 years of age and is employed by Education Queensland as a Teacher Librarian.  The respondent is 50 years of age and is currently employed on a one year contract as a Captain in the Army.  Whilst the applicant has one child there is no child of the relationship. 

1. Whilst the exact date is disputed, it is agreed that the parties were living together by late 2000 and that the relationship finally ended in September 2004.  During the period from November 2000 to September 2004 a series of properties were purchased by the respondent, the applicant and by the parties jointly.  The sequence can be set out as follows:

1.          16 November 2000 respondent signs contracts to purchase two properties at Zillmere (“Zillmere A” and “Zillmere B”) for $80,000 each with a settlement date of 16 December 2000.  Both properties are in the respondent’s name only with a mortgages of $77,108.08 and $72,699.84 to First Australian Building Society dated 8 December 2000.

2.          January 2001 the parties move to Zillmere B property.

3.…