Laura Mack v Donald Mack [2011] NSWSC 430

Laura Mack v Donald Mack [2011] NSWSC 430

Although the parties lived together as a couple in a de facto relationship from late 1998 to mid-2006, the established divisible property was not more than $48,000; the plaintiff's Philippines property represented 37.5% of that pool; and the parties' contributions could not be apportioned less than 70:30 in favour of the defendant. Having regard also to the benefits received by the plaintiff during the relationship, no further adjustment in her favour was justified.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Application for Adjustment of Property Interests Under (nsw) Property (relationships) Act 1984, S 20 / Principal Judgment After Proceeding Was Removed From the District Court Into the Supreme Court
Outcome
Application for adjustment of property interests dismissed with costs.
Legal Topics
['de Facto Relationships' 'adjustment of Property Interests' 'contributions' 'property Relationships Act 1984 (nsw)']
['family Law' 'equity'] ['de Facto Relationships' 'adjustment of Property Interests' 'contributions' 'property Relationships Act 1984 (nsw)']

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Procedural Posture

Application for Adjustment of Property Interests Under (nsw) Property (relationships) Act 1984, S 20 / Principal Judgment After Proceeding Was Removed From the District Court Into the Supreme Court

Legal Issues

  1. 1 ['Whether the parties lived together as a couple in a de facto relationship within the meaning of s 4 of the Act from late 1998 to mid-2006.' "Whether an order adjusting property interests under s 20 of the Act was justified having regard to the parties' property and contributions."]

Ratio Decidendi

Although the parties lived together as a couple in a de facto relationship from late 1998 to mid-2006, the established divisible property was not more than $48,000; the plaintiff's Philippines property represented 37.5% of that pool; and the parties' contributions could not be apportioned less than 70:30 in favour of the defendant. Having regard also to the benefits received by the plaintiff during the relationship, no further adjustment in her favour was justified.

Court Disposition

Application for adjustment of property interests dismissed with costs.

Orders

  • ['The proceedings be dismissed with costs.' 'The exhibits be returned.']