WASHBURN & PACINI

In the matter of Washburn & Pacini, Hartnett J of the Federal Circuit and Family Court of Australia considered a property dispute between parties who had been in a de facto relationship for approximately three years and one month, during which time they had one child. The applicant sought no adjustment to the property interests, noting that they possessed net assets exceeding those of the respondent at the commencement of their cohabitation.

The court was required to determine the appropriate assessment of contributions made by each party to the relationship and their respective assets, and to consider the factors outlined in s. 90SF(3) of the *Family Law Act 1975* (Cth) in making orders regarding the division of property.

Hartnett J applied the principles governing property settlements in de facto relationships, considering the length of the relationship, the contributions of each party (both financial and non-financial), the needs of the child, and the future circumstances of the parties. The court's reasoning led to orders requiring the applicant to pay a specific sum to the respondent within 90 days. In the event of default, the real property at B Street, C Town, Victoria, was to be sold, with the proceeds applied first to sale costs, then to discharge any mortgage or encumbrances, followed by the outstanding payment to the respondent with penalty interest, and finally, any balance to the applicant. The orders also stipulated that, save for the specified payment and sale provisions, each party would retain their respective assets and liabilities, and any joint tenancies were severed.