Kennedy and Masuyo (No 2)

In *Kennedy and Masuyo (No 2)*, Watts J of the Family Court of Australia considered a dispute between a de facto couple concerning property interests, specifically land located at X Island in the Torres Strait, Queensland. The applicant, Ms Masuyo, sought declarations and orders regarding her sole entitlement to this land, as well as the relinquishment of any interest by the respondent, her de facto husband. The proceedings also involved an application for an injunction to prevent the respondent from damaging the subject land or any structures upon it.

The court was required to determine the extent of each party's proprietary rights and interests in the subject land, and whether the applicant held sole title. Furthermore, the court had to consider the respondent's obligations regarding the land, including vacating the premises and refraining from causing damage. The broader question of how to divide the remaining assets and liabilities between the parties, given the specific circumstances of the X Island property, was also before the court.

Applying the provisions of the *Family Law Act 1975* (Cth), including sections 90SM and 90SS(1)(k), Watts J made a declaration that Ms Masuyo had the sole right, title, and interest in the subject land. The court ordered the de facto husband to relinquish any right, title, or interest he might have in the land and to vacate the premises forthwith. Additionally, pursuant to section 114(3) of the Act, an injunction was granted restraining the respondent from causing damage to the land or any structures thereon. The court further ordered that each party was solely entitled to all other property, chattels, and superannuation in their respective names or possession, and that each party would indemnify the other in relation to any associated debts.