R v A

[2005] QDC 357

DISTRICT COURT OF QUEENSLAND

CITATION:

R v A [2005] QDC 357

PARTIES:

R (Applicant)

V

A (Respondent)

FILE NO/S:

BD3479 of 2004

DIVISION:

Civil

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court

DELIVERED ON:

18 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

24 – 25 August 2005

JUDGE:

Tutt DCJ

ORDER:

That the appropriate property adjustment order in full and final settlement of all property interests between the parties pursuant to s 286 of the Property Law Act 1974 should be an apportionment of the net assets of 75% / 25% in the applicant’s favour.

CATCHWORDS:

De facto relationship – application for property adjustment order – where relationship existed but dispute as to commencement of the de facto relationship – financial contributions of the parties – non-financial contributions from respondent in the form of unpaid labour for renovations to applicant’s property – where applicant in stronger financial position than the respondent.

Acts Interpretation Act 1954 s 32DA.

Family Law Act ss 79 and 75(2).

Property Law Act 1974 ss 255, 286, 287, 291-309.

E v S [2003] QCS 378.

PY v CY [2005] QCA 247.

S v B [2004] QSC 80.

COUNSEL:

Ms P J Sweetapple for the applicant.

Ms C Carew for the respondent.

SOLICITORS:

Rhonda Sheehy and Associates for the applicant.

John-Paul Mould Solicitors for the respondent.

Introduction

1. This is an application for property adjustment orders pursuant to s 286 of the Property Law Act 1974 (“the Act”) arising out of the de facto relationship between the parties to this application.

1. The applicant seeks an adjustment of property interests between the parties on the basis of an apportionment of 90%/10% of the net assets in her favour whereas the respondent submits that the ultimate apportionment should be of the order of 55%/45% in the applicant’s favour.[1]

   [1]T: p132 line 33; p133 line 53 and p126 line 53.

The Property and Financial Resources

1. The parties were in agreement in relation to the identity of the property and financial resources which should be taken into account and their value as at the date of trial as follows:

Assets	Respondent	Applicant
30 Lesley St Caboolture	270,000	270,000
Trend West investment	10,000	10,000
Chattels in applicant’s possession	3,226	3,226
Chattels in respondent’s possession	2,625	2,625
1991 Commodore on respondent’s possession	2,500	2,500
Ski boat in respondent’s possession	1,000	1,000
1985 Camira in respondent’s possession	50	50
Tools in respondent’s possession	All purchased prior to cohabitation	3,050
Total	289,401	292,451
Liabilities
Mortgage	108,214	108,214
GE Finance	11,804	Respondent’s debt
CU Credit card	5,000	Respondent’s debt
Trend West	9,000	9,000
Total	134,018	117,214
Net assets	155,383	175,237
Superannuation
PSS (applicant’s)	51,171+	51,571

This was incorporated in a document which became Exhibit “1”.

The Law

1. The proceedings are governed by Part 19 of the Act one of the “main purposes” of which is “….to facilitate the resolution of financial matters at the end of a de facto relationship”.[2]

   [2]Section 255(a) of the Act.

1. The court may make such order as it considers just and…