MARTELLI & WHEELER

This matter concerned an application for an adjustment of property interests in de facto proceedings before Judge A Kelly. The applicant sought orders regarding the division of a modest asset pool, while the respondent took no part in the proceedings and filed no evidence, consequently making no financial disclosure. The applicant therefore bore the onus of proving her case in the absence of any contribution or evidence from the respondent.

The court was required to determine whether a de facto relationship existed between the parties and, if so, whether leave should be granted to proceed with the application for property adjustment. Further, the court needed to consider the applicant's entitlement to an adjustment of property interests, particularly in light of her sole responsibility for the care of the parties' children and her contributions to the relationship.

In reaching its decision, the court applied the principles governing de facto property proceedings under the *Family Law Act 1975* (Cth). Judge A Kelly found that a de facto relationship did exist and granted the applicant leave to proceed. The court reasoned that the applicant's contributions, particularly in her role as the primary caregiver for the children, were of a magnitude that justified an adjustment of property interests. The court considered it just and equitable to make such an adjustment, given the circumstances.

The court made orders declaring the existence of the de facto relationship and granting leave to proceed. The respondent was ordered to transfer his interest in a property to the applicant, who was then to be solely responsible for the associated mortgage and outgoings. In the event of the respondent's non-compliance, the applicant's solicitor was appointed to execute the necessary documents. Each party was to retain their respective superannuation entitlements and all other property in their possession, with each party being solely responsible for their own debts and liabilities. The applicant was also granted sole authority to execute documents for the children's passports.