MacKinnon & Talbot

MacKinnon and Talbot were involved in a de facto relationship from mid-2009 until their separation in 2022. The case was heard in the Family Court of Australia, where the central issue was the division of property interests under section 90SM of the Family Law Act 1975. The Applicant sought to include contributions made before the commencement of their de facto relationship in the property pool, arguing these should be considered as part of his overall contributions. The Respondent, however, argued for a division of the property based solely on contributions made during the de facto relationship.

The court had to determine whether contributions made by the Applicant before the de facto relationship began should be considered in the property settlement. The court examined the evidence and found that the Respondent’s testimony regarding the timeline of the relationship was more credible. The court also considered the Full Court's guidance on the relevance of pre-cohabitation contributions, noting that while such contributions might carry less weight, they should not be entirely disregarded if they contribute to the overall fairness of the settlement. The court concluded that the contributions made by the Applicant before the relationship commenced should be included in the property pool to achieve a just and equitable outcome.

Ultimately, the court ordered the Respondent to pay the Applicant $159,742 within three months from the date of the final orders, enabling the Respondent to secure the necessary financing. The court also considered the possibility of enforcing the payment through a sale of the property if the Respondent failed to comply. This decision reflects a balanced approach to property settlement, taking into account both pre-relationship and in-relationship contributions to achieve fairness between the parties.