When valuing subdivision land for property adjustment purposes, development costs (including service provision and road development) must be deducted from the gross realisation value of subdivided lots, even where a subdivision permit has been obtained. The presumption of advancement applies where property is purchased in the name of a woman to whom the purchaser is engaged to be married, displacing the presumption of resulting trust. In assessing contributions to a de facto partner's financial resources under s 285 of the Property Law Act 1958 (Vic), the court may take into account indirect contributions such as the assumption of mortgage liability and the provision of security that enabled the other partner to retain assets and benefit from their capital appreciation. Post-separation occupation of the family home by one party should be taken into account as a contribution by the other party.
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