Tabe and Napier

The case of Tabe and Napier involved an application before Judge Small concerning the financial relationship between the parties. The dispute centred on the division of assets and the determination of a de facto relationship for the purposes of the Family Law Act 1975.

The court was required to determine whether a de facto relationship existed between the parties and, if so, to make declarations regarding its duration and the nature of contributions made by each party. Specifically, the court needed to ascertain the period of the de facto relationship for the purposes of establishing jurisdiction and to assess the contributions to various properties, particularly in relation to mortgage payments.

Judge Small found that a de facto relationship existed between the parties from at least January 2010 to December 2011, thereby establishing the court's jurisdiction under section 90RD(2)(c) of the Family Law Act 1975. In assessing contributions to jointly mortgaged properties, the court applied the principle from *Calverly & Green* (1984) 155 CLR 242, holding that where mortgage payments are made from a joint account to which both parties contribute, and absent specific evidence to the contrary, contributions to periodic mortgage repayments on joint mortgages are to be considered equal. Consequently, the court ordered the disbursement of funds held in trust, the relinquishment of certain rights to property and business interests, and the retention of other assets by each party, with provisions for the Registrar to sign documents if necessary to give effect to the orders. The parties intended these orders to finally determine their financial relationship.