Vekilis v Jarvie [2011] NSWSC 354

Supreme Court New South Wales

Medium Neutral Citation: Vekilis v Jarvie [2011] NSWSC 354 Hearing dates: Tuesday, 19 April 2011 Decision date: 19 April 2011 Jurisdiction: Equity Division Before: White J Decision: Refer to paragraphs 41 and 42 of reasons Catchwords: DE FACTO RELATIONSHIPS - adjustment of property interests - s 20 Property (Relationships) Act 1984 - claim for order under s 20 not a debt provable in bankruptcy - no appearance by defendant - parties in de facto relationship for over 12 years - evidence plaintiff made direct and indirect contributions to the acquisition, conservation and improvement of defendant's properties - defendant filed no affidavit of financial position - just and equitable to make order adjusting interests of parties in property - lump sum payment secured by charge over real property Legislation Cited: Property (Relationships) Act 1984 Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) Civil Procedure Act 2005 Cases Cited: Fisher v Fisher (1986) 161 CLR 438 Byczko v Sheahan [2005] FMCA 169 Valera Pty Limited v Walker [2010] NSWSC 1492 Valera Pty Limited v Walker (No. 2) [2010] NSWSC 1493 Category: Principal judgment Parties: Georgia Vekilis (Plaintiff) Russell Alan Jarvie (Defendant) Representation: Counsel: J Shaw (Plaintiff) No appearance for the Defendant Solicitors: Robert Tricca & Associates (Plaintiff) File Number(s): 2009/337849 and 2010/231689