Gillard v Heazlewood [2005] NSWSC 806

Gillard v Heazlewood [2005] NSWSC 806

The court determined that, in adjustment proceedings under the Property (Relationships) Act 1984, contributions made throughout the entire period of the parties' relationship—including those closely connected in subject matter, time, and relevance to the financial and non-financial contributions—can be considered. Having compared both parties' financial and non-financial contributions, property acquisition, mortgage payments, and household/parenting roles, the appropriate distribution is that the defendant holds a 40% share (net of mortgage) in the real property and the plaintiff a 60% share.

Parties
Plaintiff: Brenda Rose Gillard; Defendant: David Brian Heazlewood
Jurisdiction
Australia
Judgment Date
12 August 2005
Procedural Posture
Application Under the Property (relationships) Act 1984 / Final Hearing and Judgment
Outcome
Orders made adjusting property interests: plaintiff entitled to purchase defendant's share (40%) for specified sum and take over mortgage.
Legal Topics
Property Settlement, De Facto Relationships, Adjustment of Property Interests
Family Law Equity Property Settlement De Facto Relationships Adjustment of Property Interests

Case Brief

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Parties

Brenda Rose Gillard

Plaintiff

David Brian Heazlewood

Defendant

Procedural Posture

Application Under the Property (relationships) Act 1984 / Final Hearing and Judgment

Legal Issues

  1. 1 Whether and to what extent the parties' respective contributions (financial and non-financial) to property and family welfare require adjustment under s 20 of the Property (Relationships) Act 1984
  2. 2 Whether contributions before cohabitation/final de facto relationship should be taken into account in the adjustment process

Ratio Decidendi

The court determined that, in adjustment proceedings under the Property (Relationships) Act 1984, contributions made throughout the entire period of the parties' relationship—including those closely connected in subject matter, time, and relevance to the financial and non-financial contributions—can be considered. Having compared both parties' financial and non-financial contributions, property acquisition, mortgage payments, and household/parenting roles, the appropriate distribution is that the defendant holds a 40% share (net of mortgage) in the real property and the plaintiff a 60% share.

Court Disposition

Orders made adjusting property interests: plaintiff entitled to purchase defendant's share (40%) for specified sum and take over mortgage.

Orders

  • Plaintiff entitled to purchase defendant's 40% share of the property for $152,062 and to assume responsibility for the mortgage on the property.
  • Parties to bring in short minutes of order.