Jenkins and Anor and Cowper

In *Jenkins and Anor and Cowper*, heard by Judge Kemp, the primary dispute concerned the division of property following the breakdown of a de facto relationship. The applicants sought declarations regarding the existence and duration of the de facto relationship and orders for the division of assets, specifically two properties. The respondent contested aspects of the relationship and the proposed property settlement.

The court was required to determine whether a de facto relationship, as defined by the *Family Law Act 1975* (Cth), existed between the first applicant and the respondent, and if so, for what periods. A further issue was the just and equitable division of the parties' property, including the allocation of two specific properties and the resolution of financial adjustments between them.

Judge Kemp declared that a de facto relationship existed between the first applicant and the respondent for a total of 10 years and 7 months, spanning three distinct periods between August 1995 and February 2010. The court then made orders for the division of property, requiring the respondent to transfer his interest in the Property H property to the first applicant, subject to the discharge of a mortgage. Simultaneously, the first applicant was to pay the respondent an adjustment sum and transfer her interest in the Property G property to the respondent. Provisions were also made for the sale of Property H if the initial transfer and payment were not completed, with the net proceeds to be distributed according to specific deductions, with the balance going to the respondent. The court also ordered the respondent to indemnify the first applicant for outgoings on Property G upon her compliance with the transfer order. Finally, the court made orders restraining the applicants from enforcing certain costs judgments and appointed the Registrar to execute documents if a party failed to comply with the orders.