RAYNES & GRIGSBY

In Raynes & Grigsby, Judge McGuire of the Family Court of Australia determined a property settlement dispute between parties who had been in a de facto relationship. The applicant had made overwhelming initial and financial contributions to the relationship.

The court was required to determine the appropriate division of the parties' assets and liabilities, considering the applicant's significant contributions and the factors outlined in s. 90SF(3) of the Family Law Act 1975 (Cth). A key issue was whether to apply the principles established in *Kennon v Kennon*, which allows for an adjustment in property division where one party's contributions have been overwhelmingly greater.

Judge McGuire reasoned that the applicant's substantial initial and financial contributions warranted a significant departure from an equal division of assets. The court applied the principles from *Kennon v Kennon* to account for these contributions, alongside the other factors relevant under s. 90SF(3).

The court ordered a net division of assets as to 82.5% to the applicant and 17.5% to the respondent. Specific assets were allocated to each party, and each party was made solely responsible for their respective liabilities incurred before and after separation, with the applicant indemnifying the respondent for certain joint liabilities. A cash adjustment of $53,129.27 was ordered from the applicant to the respondent. The applicant was to retain her superannuation entitlement with Super Fund D, and a splitting order was made for $79,972 from the respondent's share of the parties' self-managed superannuation fund in favour of the applicant.