Matheson v Wallis [2001] NSWSC 931

New South Wales Supreme Court

CITATION : Matheson v Wallis [2001] NSWSC 931 FILE NUMBER(S) : SC 2648/99 HEARING DATE(S) : 9, 10 July 2001 (Written submissions to 31 July 2001) JUDGMENT DATE : 22 October 2001

PARTIES : Jacqueline Sarah Matheson (Plaintiff) Leigh Wallis (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : P. Hastings QC, W. Tregilgas (Plaintiff) G. Gould (Defendant) SOLICITORS : Boyd Wooi Olsen Lawyers (Plaintiff) Attwaters Solicitors (Defendant) CATCHWORDS : Family Law - De facto relationship - Adjustment of interests of parties in property - Date of commencement of de facto relationship - Matters to be taken into account - Respective contributions of parties - Court should have regard to contributions made before commencement of de facto relationship - Evidence concerning present and likely future needs of the parties should be disregarded - Caution should be exercised in applying to claims by a de facto partner under section 20 of the Property (Relationships) Act 1984 (New South Wales) the principles which the Family Court of Australia applies to applications under section 79 of the Family Law Act 1975 (Commonwealth) - The Property (Relationships) Act looks to past contributions, whereas the Family Law Act looks also to present and future needs - Whether contributions made by one party to the children after termination of the relationship are contributions of the nature recognised by section 20(1)(b) of the Property (Relationships) Act - In considering the respective contributions of the parties the Court is not required to undertake a reductionist process analagous to the taking of partnership accounts, but should make a holistic value judgment - Conduct of Plaintiff in regard to chattels of Defendant. Jurisdiction of Courts (Cross-vesting) Act 1987 LEGISLATION CITED : Property (Relationships) Act 1984 Property (Relationships) Legislation Amendment Act 1999 Black v Black (1991) 15 FamLR 109 Davey v Lee (1990) 13 FamLR 688 Evans v Marmont (1997) 42 NSWLR 70 CASES CITED : Foster v Evans (1997) DFC 95-193 Jones v Grech (2001) NSWCA 208 MacDonald v Stelzer (2000) NSWCA 302 Roy v Sturgeon (1986) 11 NSWLR 454 Wallace v Stanford (1995) 37 NSWLR 1 DECISION : See paragraph 95