Whicker v Pettiford [2004] NSWSC 782

New South Wales Supreme Court

CITATION : Whicker v Pettiford [2004] NSWSC 782 HEARING DATE(S) : 18, 19 November, 18 December 2003 (written submissions to 22 March 2004) JUDGMENT DATE : 27 August 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin at 1 DECISION : I order that the proceedings stand over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes and for submissions as to costs.

CATCHWORDS : FAMILY LAW - De facto relationship - Adjustment of interests of parties in property - Respective contributions of parties - Purchase of a property - One party contributed capital, whilst the other party made higher repayments - Caution should be exercised in applying to a claim 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 LEGISLATION CITED : Family Law Act 1975 Property (Relationships) Act 1984 Black v Black (1991) 15 FamLR 109 Davey v Lee (1990) 13 FamLR 688 Evans v Marmont (1997) 42 NSWLR 70 Green v Robertson (1995) 36 NSWLR 96 CASES CITED : Jones v Grech [2001] NSWCA 8 Matheson v Wallace [2001] NSWSC 931 Roy v Sturgeon (1986) 11 NSWLR 454 Wallace v Matheson [2002] NSWCA 350 Wallace v Stanford (1995) 37 NSWLR 1 PARTIES : Susan Desirée Whicker Colleen Nina Pettiford FILE NUMBER(S) : SC 1697 of 2002 COUNSEL : Judith Housego (Plaintiff) Lynette Judge (Defendant) SOLICITORS : Robinson & Mason (Adelaide) (Plaintiff) Sydun & Co (Defendant)