Jones v Grech

The case of *Jones v Grech* concerned an application for property adjustment orders within the context of a de facto relationship. The dispute centred on the commencement and determination of this relationship, and the extent to which contributions made by one party prior to the formal commencement of the relationship should be considered in the property adjustment. The matter came before the Court of Appeal.

The primary legal issues before the court were twofold. Firstly, the court was required to determine the precise date upon which the de facto relationship commenced for the purposes of the relevant legislation. Secondly, the court had to consider whether contributions made by a party to the acquisition, conservation, or improvement of property before the legally recognised commencement of the de facto relationship could be taken into account when making orders for the adjustment of property.

The majority of the Court of Appeal allowed the appeal, finding that the trial judge had erred in their approach to the commencement date of the de facto relationship and in their consideration of pre-relationship contributions. The court applied principles of statutory interpretation to the definition of a de facto relationship, emphasising the need for evidence to establish the existence of a de facto relationship at a particular point in time. The majority held that contributions made prior to the commencement of the relationship could, in certain circumstances, be relevant to the assessment of contributions made during the relationship, particularly where there was a clear continuity of conduct and intention. The specific orders made by the majority are detailed in paragraphs 99-102 of the judgment.