M v G

In the case of M v G, the applicant sought a property settlement following the breakdown of her de facto relationship with the respondent. The relationship began in September 1995 and ended in August 2001. The applicant was the sole income earner from September 1997 until the relationship ended and made capital contributions to the household. The respondent, although away from home for periods of time, performed domestic duties and also made capital contributions. The primary issue before the court was whether there should be a payment made by one party to the other, and if so, what should be the amount of that payment.

The court considered the statutory provisions under the Property Law Act 1974 (Qld), particularly sections 291, 297, 298, and 309, which govern property settlements in de facto relationships. The court assessed the contributions of both parties, both financial and non-financial, and determined that the applicant's financial contributions were substantial, but the respondent's domestic duties and capital contributions should also be recognised. The court concluded that a payment should be made from the applicant to the respondent to achieve an equitable outcome.

The court ordered that the applicant transfer all her right, title, and interest in a property to the respondent, and that the respondent transfer all his right, title, and interest in a different property to the applicant. Additionally, the respondent was ordered to transfer his interest in a Land Rover to the applicant. The court also ordered that the applicant pay the respondent the sum of $75,240. The order stipulated that these transfers and payment occur simultaneously on 12 November 2004. The parties were also permitted to retain their respective personal assets and were to bear their own costs.