Mad v HTM

[2011] QSC 159

SUPREME COURT OF QUEENSLAND

CITATION:

MAD v HTM [2011] QSC 159

PARTIES:

MAD
(applicant)
v
HTM
(respondent)

FILE NO:

BS4015 of 2009

DIVISION:

Trial Division

PROCEEDING:

Originating Application

DELIVERED ON:

10 June 2011

DELIVERED AT:

Brisbane

HEARING DATE:

28 and 29 March 2011

JUDGE:

Mullins J

ORDER:

Adjourn the proceeding to a date to be fixed for submissions on the form of the orders and the costs of the proceeding

CATCHWORDS:

FAMILY LAW – DE FACTO RELATIONSHIPS – ADJUSTMENT OF PROPERTY INTERESTS – GENERALLY – where parties in a de facto relationship for 27 months with no children in the household – where both parties were in paid employment and capable of continuing in paid employment – where compensation payment paid to husband during the relationship for pre-existing army injury quarantined from adjustment of property interests – where parties purchased a house and car using bank loans – where husband’s financial contributions were greater prior to separation – where on separation wife remained in possession of the house and car – where wife’s contributions to the post-separation loan repayments were greater – where husband should be credited for notional rent for the wife’s use of his share of the house property – whether just and equitable to make property adjustment order

Property Law Act 1974, s 286, s 334, s 341

In Marriage of Aleksovski (1996) 135 FLR 131, considered
FO v HAF [2006] QCA 555; [2007] 2 Qd R 138, followed

COUNSEL:

SD Anderson for the applicant
The respondent in person

SOLICITORS:

Hall Payne Lawyers for the applicant

[1]      The parties were de facto partners for 27 months between June 2006 and September 2008. There were no children of the relationship. When they separated, the respondent remained living in the home that they had purchased in joint names at the commencement of the relationship and kept possession of the 2006 Calais Holden that had also been purchased in joint names. The parties have not resolved their property issues. The applicant applies for a property adjustment order pursuant to s 286 of the Property Law Act 1974 (PLA).  It is unfortunate that the period between the breakdown of the relationship and the hearing of the application was longer than the duration of the parties’ relationship.

History of the relationship

[2]      The applicant met the respondent when he relocated to Queensland in March 2006.  He had two teenage children from his former relationship who did not relocate with him.  The respondent had two adult children from her former relationship.  When they met, the applicant was 38 years old and the respondent was 44 years old.

[3]      The parties bought a house at Regents Park for $275,000.  The deposit of $55,000 was paid by the applicant from his savings that were in a term deposit.  The applicant also paid the fees associated with the purchase.  They obtained two housing loans and a personal loan from the National Australia Bank to enable the purchase of the home and the…