Smirski v Macandar (No 2)

The case before the Family Court was an application by a woman, Smirski, for a property adjustment order under the Property (Relationships) Act 1984. This was an ex parte application, meaning it was made without the other party, Macandar, being present or aware. The parties were in the midst of a relationship breakdown, and Smirski was seeking financial support to assist with her transition into independent living. The nature of the dispute was primarily around the equitable division of assets accumulated during the relationship and Smirski's immediate financial needs.

The court had to determine whether the application met the statutory criteria for a property adjustment order. This involved assessing whether Smirski demonstrated a need for financial assistance to achieve financial stability and whether the order was necessary to achieve a just outcome in accordance with the Act. The court also had to consider the nature and extent of the assets available for division, the contributions made by each party to the acquisition of those assets, and the future needs and circumstances of both parties. The urgency of the application was another significant factor, as Smirski argued that immediate action was necessary to prevent hardship.

The court found that Smirski had established a sufficient need for financial assistance and that an order was necessary to achieve a just outcome. It was acknowledged that the relationship had contributed significantly to the accumulation of assets, and Smirski had made substantial contributions. Considering her current financial situation and future needs, the court determined that an order was warranted. The court emphasised the importance of addressing the urgent nature of the application to prevent immediate hardship. Ultimately, the court granted the application and ordered that a specified amount be paid to Smirski to assist with her transition into independent living.