Large v Mowbray [2012] NSWSC 767

Large v Mowbray [2012] NSWSC 767

Over a relationship of more than 26 years the parties in substance made equal financial, non-financial, homemaker and parenting contributions to the accumulation of the principal asset. Daryl's inheritances were one-off contributions but were used for the parties' joint benefit and their significance was reduced by the length and nature of the relationship. There was insufficient evidence that Daryl had made a premature distribution of joint assets to himself. The just and equitable adjustment required allowance for Deanne's ongoing primary care of the children, her decision during the relationship to leave business and devote herself to childcare, her likely reduced earning prospects,...

Jurisdiction
Australia
Judgment Date
04 July 2012
Procedural Posture
Application for a Property Adjustment Order Pursuant to S 20 of the Property (relationships) Act 1984 / Principal Ex Tempore Judgment After Hearing; Short Minutes and Costs Stood Over
Outcome
The money in the controlled account was to be divided 60 per cent to the plaintiff and 40 per cent to the defendant, with the matter stood over for short minutes and submissions as to costs.
Legal Topics
['adjustment of Property Interests' 'domestic Relationship' 'de Facto Relationship' 'financial and Non Financial Contributions' 'homemaker and Parenting Contributions' 'inheritance' 'superannuation Entitlements' 'add Backs' 'leave to Commence Out of Time']
['family Law' 'equity' 'de Facto Relationships' 'property Adjustment'] ['adjustment of Property Interests' 'domestic Relationship' 'de Facto Relationship' 'financial and Non Financial Contributions' 'homemaker and Parenting Contributions' 'inheritance' 'superannuation Entitlements' 'add Backs' 'leave to Commence Out of Time']

Case Brief

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Procedural Posture

Application for a Property Adjustment Order Pursuant to S 20 of the Property (relationships) Act 1984 / Principal Ex Tempore Judgment After Hearing; Short Minutes and Costs Stood Over

Legal Issues

  1. 1 ['Whether leave should be granted under s 18(2) of the Property (Relationships) Act 1984 to bring the proceedings outside the two-year period.' 'What property and liabilities of the parties should be identified and valued for the purposes of s 20 of the Property (Relationships) Act 1984.' 'Whether post-separation expenditure by Daryl should be added back or treated as a premature distribution of assets.' "How the parties' respective financial, non-financial, homemaker and parenting contributions, including inheritances and superannuation, should be assessed." 'What order adjusting interests in the controlled money account was just and equitable.']

Ratio Decidendi

Over a relationship of more than 26 years the parties in substance made equal financial, non-financial, homemaker and parenting contributions to the accumulation of the principal asset. Daryl's inheritances were one-off contributions but were used for the parties' joint benefit and their significance was reduced by the length and nature of the relationship. There was insufficient evidence that Daryl had made a premature distribution of joint assets to himself. The just and equitable adjustment required allowance for Deanne's ongoing primary care of the children, her decision during the relationship to leave business and devote herself to childcare, her likely reduced earning prospects,...

Court Disposition

The money in the controlled account was to be divided 60 per cent to the plaintiff and 40 per cent to the defendant, with the matter stood over for short minutes and submissions as to costs.

Orders

  • ['Leave to bring the proceedings pursuant to s 18(2) of the Property (Relationships) Act 1984 was to be granted.' 'From the funds in the controlled money account there should first be paid to Kieran Mowbray her entitlement, no less than $27,677.70.' 'The money in the controlled account should be divided 60 per cent...