S v B

The case before the court involved a dispute between the plaintiff and the defendant concerning their former de facto relationship and the division of their property. The matter was heard in the Family Court of Australia. The primary issue the court had to determine was whether the parties had indeed lived together on a genuine domestic basis as a couple for a period of at least two years, as required by statute. Additionally, the court needed to decide on the appropriate approach for the division of their property interests, whether it should be a global or asset-by-asset approach, and to make a just and equitable adjustment of their property interests.

The court examined the evidence provided by both parties regarding the nature of their relationship and the duration for which they had lived together. It assessed the nature of their interactions, their financial arrangements, and other factors that could indicate the genuineness of their domestic relationship. In deciding on the property division approach, the court considered the statutory requirements and the circumstances of the case, including the contributions made by each party to the acquisition of their assets. The court also evaluated the fairness and equity of the division of their property, taking into account all relevant factors.

The court found that the plaintiff and the defendant had indeed lived together as a couple on a genuine domestic basis for the requisite period. It determined that a global approach was suitable for the division of their property interests, as it provided a fair and equitable outcome in the circumstances. The court ordered the defendant to pay the plaintiff a specific amount, and further directed that the plaintiff should resign as a director of a particular entity and transfer her shareholding in that entity to the defendant. This decision aimed to achieve a just and equitable adjustment of the parties' property interests in accordance with the Family Law Act.