Liu v Guo [2006] NSWSC 1144

New South Wales Supreme Court

CITATION : Liu v Guo [2006] NSWSC 1144

HEARING DATE(S) : 30/01/06, 31/01/06, 01/02/06, 02/02/06

JUDGMENT DATE : 7 November 2006

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Plaintiff is entitled to 45%, and defendant to 55%, of pool of property in existence as at separation, which requires transfer by defendant to plaintiff of John Street, and payment by plaintiff to defendant of $224,515. Parties to bring in short minutes to give effect thereto.

CATCHWORDS : FAMILY LAW AND CHILD WELFARE – DE FACTO RELATIONSHIPS –adjustment of property interests –approach to property adjustment – evaluation of contributions – date for ascertaining pool of divisible property – where extensive and unclear dealings by both parties with property retained by each since separation – where impracticable and potentially unjust to adjust pool of present property for property use or withdrawn from pool by parties since separation – adoption of pool of property at date of separation valued at date of hearing – post-separation contributions – whether there can be contributions as homemaker to welfare of family after separation – held, there can, family does not need to remain intact – methodology - where evidence does not permit reliable tracing of contributions through assets or identification of discrepant contributions to different assets – whether asset-by-asset approach should be adopted – held, it ought not – significance of expenditure in assessment of contributions – held, assessment of contributions is concerned with who contributed what to relationship (1) by property introduced at outset, (2) by income and accretions of property and domestic contributions during the relationship, and (3) by income and accretions of property and domestic contributions after separation, not with who paid for what.