The erosion principle from Family Law Act jurisprudence should not be applied in cases under the Property (Relationships) Act 1984 (NSW); the sole consideration is the justice and equity of the case under s 20. Deducting notional rent for accommodation in the family home from a party's non-financial contributions constitutes impermissible double counting. Registration of property in one party's name, even with an intention that it be that party's sole asset, does not preclude an adjusting order based on the other party's contributions. Non-financial contributions that enable the income-earning partner to maintain and retain property, including contributions to career advancement, may justify a share in the capital appreciation of that property.
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