Sparke and Bernard

In the matter of *Sparke and Bernard*, the Applicant and the Respondent appealed to the court concerning property settlement orders made by the Local Court of New South Wales. The dispute centred on the existence and duration of a de facto relationship, which was a prerequisite for the court to exercise its jurisdiction under the *Family Law Act 1975* (Cth) to make property adjustment orders.

The primary legal issues before the court were whether a de facto relationship existed between the parties for a sufficient period to engage the court's jurisdiction, and if so, how the parties' property should be divided. The court was required to determine the precise periods during which the de facto relationship subsisted, considering the evidence presented by both parties regarding their cohabitation and the nature of their relationship.

The court found that a de facto relationship of two years and eleven months had existed between the Applicant and the Respondent, spanning several distinct periods. Applying the principles of the *Family Law Act 1975*, the court then made orders for the division of property. The Respondent was ordered to pay a sum of $162,555.00 to the Applicant, while each party was to retain assets and superannuation entitlements in their sole name, possession, or control. Furthermore, each party was to be solely liable for their own debts and liabilities, indemnifying the other party against any claims.