HANKINSON & DE VRIES

The applicant sought declarations under section 90RD of the *Family Law Act 1975* (Cth) that a de facto relationship existed between the parties, and pursuant to section 90SM of the Act, orders for property settlement. The dispute centred on whether the parties had lived together on a genuine domestic basis for a sufficient period to establish a de facto relationship, and if so, how their property should be divided, given the applicant's sole responsibility for three young children from previous relationships at the commencement and during the relationship, and the respondent's significant initial capital contribution which remained the majority of the property interests.

The court was required to determine if the parties' relationship constituted a de facto relationship within the meaning of section 4AA of the Act, considering the circumstances as a composite picture. It also needed to assess the parties' respective contributions to their property pool, particularly in light of the separate households maintained and the applicant's responsibilities for her children. Finally, the court had to consider whether any adjustment to the property division was warranted under section 90SF of the Act.

His Honour, Kent J, declared that a de facto relationship existed between the parties from January 1997 until 27 November 2010. In assessing contributions, the court determined an entitlement of 80 per cent in favour of the respondent and 20 per cent in favour of the applicant, reflecting the respondent's substantial initial capital. However, an adjustment of 5 per cent was made in favour of the applicant under section 90SF. The court ordered the respondent to pay the applicant $350,000 within sixty days, and otherwise, each party was to retain their own property. The respondent was also ordered to indemnify the applicant in respect of a specific loan account and debt.