Thompson-Grandou v Grandou [2002] NSWSC 1013

Reported Decision : (2003) DFC 95-266

New South Wales Supreme Court

CITATION : Thompson-Grandou v Grandou [2002] NSWSC 1013 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3815/99 HEARING DATE(S) : 11, 12, 13 June, 4 July 2002 JUDGMENT DATE : 29 October 2002

PARTIES : Lyndall Ruth Thompson-Grandou (Plaintiff) Fabrice John Grandou (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : J. Van Aalst (for Plaintiff) G. Foster (for Defendant) SOLICITORS : John Hertz & Associates, Solicitors (Plaintiff) Redmond Partners, Solicitors (Defendant) CATCHWORDS : Family Law - De facto relationship - Adjustment of interests of parties in property - Respective contributions of parties - The Defendant was the chief breadwinner, whilst the Plaintiff's contributions were essentially in the capacity of homemaker and mother - Evidence concerning present and likely future needs of 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 (NSW) the principles which the Family Court of Australia applies to applications under section 79 of the Family Law Act 1975 (Cth) - 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 - Application for spousal maintenance. LEGISLATION CITED : Property (Relationships) Act 1984 Black v Black (1991) 15 FamLR 109 Evans v Marmont (1997) 42 NSWLR 70 Foster v Evans (1997) DFC95-193 CASES CITED : Jones v Grech (2001) NSWCA 208 Matheson v Wallis [2001] NSWSC 931 Roy v Sturgeon (1986) 11 NSWLR 454 Wallace v Matheson [2002] NSWCA 350 Wallace v Stanford (1995) 37 NSWLR 1 DECISION :