McDonald v Stelzer

[2000] NSWCA 302

NSW Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › De facto relationships
3. › Adjustment of property interests
4. › Relationship of less than two years
5. › Substantial contributions
6. › Whether applicant would otherwise not be adequately compensated
7. › Whether failure to make order would result in serious injustice
8. › De Facto Relationships Act 1984 (NSW), ss 17, 20
1. Family Law
2. › De facto relationships
3. › Adjustment of property interests
4. › Contributions
5. › Whether contributions made prior to commencement of de facto relationship may be taken into account
6. › Weight to be given to pre-relationship contributions
7. › De Facto Relationships Act 1984 (NSW), s 20
1. Family Law
2. › De facto relationships
3. › Adjustment of property interests
4. › Methodology
5. › Whether formulaic approach of returning financial contributions and dividing balance equally is appropriate
6. › De Facto Relationships Act 1984 (NSW), s 20

Quick Take

In adjusting property interests under ss 17 and 20 of the De Facto Relationships Act 1984 (NSW), a formulaic approach of returning financial contributions to each contributor and dividing the balance equally is not appropriate, even in short relationships. The court must have regard to non-financial detriment (such as selling a home to fund a joint venture) and the real value of non-financial contributions. Pre-relationship circumstances closely connected to contributions during the relationship may be taken into account but given only subsidiary, not fundamental, weight.