McDonald v Stelzer

McDonald (the applicant) and Stelzer (the respondent) were parties to proceedings in the Family Court of Australia concerning the adjustment of property interests arising from a de facto relationship. The primary dispute concerned whether the applicant was entitled to an adjustment of property interests under the *De Facto Relationships Act 1984* (NSW) despite the relationship having subsisted for less than two years.

The central legal issue before the Court of Appeal was whether the trial judge erred in finding that the applicant was not entitled to an adjustment of property interests under section 20 of the *De Facto Relationships Act 1984* (NSW) on the basis that the de facto relationship had not existed for the minimum period of two years prescribed by section 17 of the Act, and whether the trial judge had also erred in failing to consider contributions made by the applicant prior to the commencement of the de facto relationship.

The Court of Appeal, comprising Priestley, Handley and Sheller JJA, dismissed the appeal. The Court affirmed the trial judge's finding that the de facto relationship had not existed for the requisite two-year period as stipulated by section 17 of the *De Facto Relationships Act 1984* (NSW). Consequently, the Court held that the applicant was not entitled to seek an adjustment of property interests under section 20 of the Act, as the preconditions for such an application had not been met. The Court further found that contributions made prior to the commencement of the de facto relationship were not a relevant consideration in the absence of the relationship meeting the statutory duration requirement.

The appeal was dismissed with costs.