Tuckson and Elsey

In *Tuckson and Elsey*, heard by Judge Coker, the applicant and respondent were parties to proceedings concerning the division of their property and superannuation interests following the dissolution of their de facto relationship. The primary dispute revolved around the characterisation of their relationship, the valuation and division of various assets including real estate and motor vehicles, and the appropriate treatment of the respondent's superannuation entitlements.

The court was required to determine whether a de facto relationship existed between the parties and, if so, the period of its duration. Further, the court had to ascertain the extent of the parties' respective property interests, including real estate, motor vehicles, and personal chattels, and make orders for their division. A significant issue was the division of the respondent's superannuation entitlements, necessitating consideration of the relevant provisions of the *Family Law Act 1975* (Cth) and the *Family Law (Superannuation) Regulations*.

Judge Coker found that a de facto relationship existed between the applicant and respondent from January 2004 until September 2012, pursuant to sections 90RD and 4AA of the *Family Law Act 1975*. The court ordered the respondent to pay a sum of $95,591.20 to the applicant within 45 days. Crucially, the court made orders binding on the Trustees of the respondent's superannuation scheme, entitling the applicant to 15% of any splittable payment from the scheme, equivalent to an annual capital sum of $9,000.27, effective from the operative time. The court also made detailed orders regarding the division of other property, including real estate, motor vehicles, and personal chattels, specifying which party would retain each asset as their absolute property. The respondent was also ordered to transfer Qantas Frequent Flyer points to the applicant. Provisions were included to facilitate the implementation of these orders, including the appointment of the Registrar to execute documents if necessary.