SOC v JBW

In the case of SOC v JBW, the Family Court of Australia was tasked with making a property adjustment order between the de facto partners SOC and JBW, who had been in a relationship for 13 years and had two children together. The central dispute revolved around the identification and valuation of certain assets within their shared pool, as well as the assessment of their respective contributions and the resultant entitlements. SOC, who had been the primary homemaker and administrator for the family business, argued for a substantial property adjustment in her favour. JBW, on the other hand, contended that SOC's contributions were adequately accounted for and that any further adjustment was unwarranted.

The court had to determine whether it was just and equitable to make a property adjustment order based on the adjusted contribution-based entitlements of the parties. The evidence presented included the roles each party played in the development and operation of their successful business, SOC's administrative and child-rearing duties, and the financial hardships faced by SOC post-separation. SOC's financial difficulties were exacerbated by her sole liability for credit card debts and the pressures from banks and collection agencies. Despite this, JBW continued to use company funds for personal expenses. The court also considered SOC's decision to embark on full-time tertiary studies four years after separation, a period marked by significant financial strain.

After careful consideration of the evidence, the court found that a property adjustment order should be made to reflect the adjusted contributions of the parties. The proceedings were adjourned to allow the parties to negotiate the terms of the order and to submit on costs. If the parties could not reach an agreement, the matter would be re-listed for further hearing.