Kozjak v Oswin

The appeal concerned an application for adjustment of property interests arising from a de facto relationship. The parties, Kozjak and Oswin, sought to have the decision of the primary judge reviewed by the Court of Appeal.

The Court of Appeal was required to determine whether the primary judge had erred in their assessment of the parties' contributions and in the ultimate division of the property. Specifically, the court considered whether the primary judge had given sufficient weight to the non-financial contributions of the parties and whether the resulting property division was just and equitable.

The Court of Appeal found that the primary judge had made errors in the assessment of contributions and the subsequent property adjustment. The court undertook a re-determination of the property interests, applying established principles of family law concerning the assessment of financial and non-financial contributions, the consideration of future needs, and the overarching requirement for a just and equitable outcome.

The parties were directed to bring in agreed short minutes of order reflecting the Court of Appeal’s judgment within seven days. If agreement could not be reached, each party was to submit their proposed short minutes of order, with the respondent also to provide accompanying submissions not exceeding three pages, for lodging in the Court of Appeal submission box.