HUXLEY & MORRIS

In *Huxley & Morris*, the Family Court of Australia considered a property settlement following the dissolution of a de facto relationship. The primary dispute concerned the division of assets, particularly a farming enterprise brought into the relationship by the de facto husband and sustained by him throughout its duration. The Court was satisfied that the jurisdictional requirements under Part VIIIAB of the *Family Law Act 1975* (Cth) were met and that it was just and equitable to make orders altering the parties' property interests.

The legal issues before the Court included determining the respective contributions of each party to the relationship and the property pool, and assessing the impact of specific factors on the valuation of rural properties. The Court was required to resolve competing expert evidence regarding the value of four rural properties, including the effect of a life interest and the impact of livestock disease on a farming property. Furthermore, the Court had to consider whether any adjustment to the property division was warranted under section 90SF(3) of the Act, particularly in light of the de facto wife's primary responsibility for the parties' children.

Stevenson J reasoned that the de facto husband's contributions to the farming enterprise were significantly greater, assessing his contribution at seventy-five per cent and the de facto wife's at twenty-five per cent. The Court excluded the reports of two adversarial experts due to unclear reasoning and reliance on unstated facts, accepting instead the valuations provided by the Court-appointed single expert for all disputed properties. Applying section 90SF(3), the Court found that an additional five per cent adjustment in favour of the de facto wife was justified due to her primary caregiving responsibilities for the children. The parties were subsequently ordered to file and serve an updated Minute of Proposed Orders reflecting these determinations.