BROWNING v. CROWLEY [2004] NSWSC 128

BROWNING v. CROWLEY [2004] NSWSC 128

The complexity, value, time and cost of the dispute, as well as the prospect for a less adversarial resolution, justify an order for compulsory mediation under s.110K despite lack of consent.

Parties
Plaintiff: Barbara Beryl Browning; Defendant: Barry Phillip Crowley
Jurisdiction
Australia
Judgment Date
03 March 2004
Procedural Posture
Application Under Property (relationships) Act 1984 / Order for Compulsory Mediation Pending Hearing Date
Outcome
Order for compulsory mediation under s.110K; details of mediator to be finalised at later directions hearing.
Legal Topics
Compulsory Mediation, De Facto Relationship, Property Disputes, Mediation Under Supreme Court Act 1970 S.110 K
Equity Practice and Procedure Compulsory Mediation De Facto Relationship Property Disputes Mediation Under Supreme Court Act 1970 S.110 K

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Parties

Barbara Beryl Browning

Plaintiff

Barry Phillip Crowley

Defendant

Procedural Posture

Application Under Property (relationships) Act 1984 / Order for Compulsory Mediation Pending Hearing Date

Legal Issues

  1. 1 Whether compulsory mediation should be ordered under Supreme Court Act 1970 s.110K in a disputed de facto property relationship case
  2. 2 Whether a de facto relationship as defined existed between the parties
  3. 3 Valuation of property and classification of contributions

Ratio Decidendi

The complexity, value, time and cost of the dispute, as well as the prospect for a less adversarial resolution, justify an order for compulsory mediation under s.110K despite lack of consent.

Court Disposition

Order for compulsory mediation under s.110K; details of mediator to be finalised at later directions hearing.

Orders

  • Proceedings referred to mediation under Supreme Court Act 1970 s.110K(1)
  • Parties to attempt agreement on mediator identity; if no agreement, court will determine mediator