Turnbull v McGregor

In the matter of Turnbull v McGregor, the parties were engaged in a dispute concerning the adjustment of their interests in a property which had been purchased in the name of the defendant alone. The case was heard by the Supreme Court of New South Wales. The central issue was whether the plaintiff, as the de facto partner of the defendant, was entitled to a share of the property based on their respective contributions to the relationship and the home.

The court needed to determine the extent to which the principles governing claims under section 79 of the Family Law Act 1975 (Commonwealth) could be applied to a claim under section 20 of the Property (Relationships) Act 1984 (NSW). The court acknowledged the differences between the two statutes, particularly in their focus on past contributions versus present and future needs. The court held that while the Property (Relationships) Act primarily considers past contributions, the Family Law Act also takes into account the present and future needs of the parties.

The court reasoned that the imposition of a constructive trust in this context was not appropriate because the grant of relief under section 20 of the Property (Relationships) Act effectively removes the basis for such a trust. The court found that the defendant's beneficial interest in the property, which had been claimed by the plaintiff, could no longer be considered unconscionable or contrary to equitable principles once the statutory adjustment had been made. The court ultimately ruled in favour of the plaintiff, granting her an appropriate share of the property based on the contributions she made to the relationship and the home.