SPENCER & SPEIGHT

In *Spencer & Speight*, Benjamin J of the Federal Circuit and Family Court of Australia determined a dispute concerning the alteration of property interests arising from a de facto relationship. The applicant sought orders for property settlement, while the respondent contested the existence and duration of the de facto relationship and the quantum of any proposed property adjustment.

The central legal issues before the court were whether a de facto relationship existed between the parties and, if so, for what period. Consequently, the court was required to determine whether it had jurisdiction to make orders for the alteration of property interests under the *Family Law Act 1975* and, if so, to what extent such an alteration was just and equitable.

Benjamin J found that a de facto relationship existed between the parties from February 2012 until June 2013, pursuant to s 90RD of the *Family Law Act 1975*. Applying s 90SM of the Act, his Honour ordered the respondent to pay the applicant the sum of $75,000 by way of alteration of property interests. This payment was to be in addition to monies previously ordered under a consent interim property order made on 12 November 2013. All other extant applications were dismissed, with costs to be dealt with in accordance with the *Family Law Rules 2004*.