KD v Da

[2011] QDC 216

DISTRICT COURT OF QUEENSLAND

CITATION:

KD  v DA [2011] QDC 216

PARTIES:

KD
(Applicant)

AND

DA
(Respondent)

FILE NO/S:

D31/08

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Mt Isa

DELIVERED ON:

16 September 2011

DELIVERED AT:

Brisbane

HEARING DATE:

27 May 2011

JUDGE:

McGill DCJ

ORDER:

The respondent pay the applicant the sum of $21,000 as adjustment of the property interests of the parties pursuant to s 286 of the Property Law Act 1974. Each party is entitled to retain all property in the title and possession of that party.

CATCHWORDS:

DE FACTO RELATIONSHIP – Property Settlement – duration of relationship – contributions – circumstances of parties.

FO v HAF [2006] QCA 555- considered.
Jonah v White [2011] Fam CA 221 – cited.
KQ v HAE [2006] QCA 489 – cited.
PY v CY [2005] QCA 247 – cited.

COUNSEL:

S. Pate (solicitor) for the applicant

The respondent appeared in person

SOLICITORS:

Gun Lawyers for the applicant

The respondent was not represented

1. This is an application under Part 19 of the Property Law Act 1974. The parties were for a time in a de facto relationship; it was common ground that it came to an end in August 2007.  The respondent did not dispute that the relationship existed from January 2006 until July 2006 when the parties were living together in a flat, and from about December 2006 when the respondent purchased a house in which they lived until they separated.  There are no children of the parties and it was not submitted that the applicant had made substantial contributions of the kind mentioned in ss 291 or 292 so as to give rise to serious injustice if no order were made, and accordingly unless the relationship commenced not later than August 2005 and was continuous until it came to an end, the requirements of s 287 of the Act cannot be met, and no order can be made.

Applicant’s evidence

1. In the applicant’s affidavit sworn November 2008 she referred to the parties living together at her parents’ house from in or about July 2005 (para 3), and later as between March 2005 and December 2005:  para 7.  In her oral evidence she said that the respondent moved into the parents’ house in late June or early July 2005:  p 5, p 19.  She said that they met in August 2004 and by the end of that month they were dating exclusively.  In 2005 the applicant was at school, in Year 12, and she said that her parents wanted her to stay at home until she finished Year 12:  p 6.  They were concerned that the couple would not have enough money to live on until she was in a position to work, and it appears that by way of compromise they agreed to let them live together in a particular room which was set up as their room, in a house which was being renovated at the time:  p 7.  She said that they had their clothes…