Davies v Richardson [2011] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Davies v Richardson [2011] NSWSC 810 Hearing dates: 10 & 11 March 2011 Decision date: 18 July 2011 Jurisdiction: Equity Division Before: Slattery J Decision: Relationship between the plaintiff and defendant ended before 1 March 2009. The Property (Relationships) Act 1982 applies to the adjustment of the parties' interests in their joint property - the Supreme Court of New South Wales, not the Family Court of Australia has jurisdiction in respect of the adjustment of the parties' interests in their joint property - consequent upon the breakdown of their relationship. Catchwords: FAMILY LAW - Domestic relationships other than marriage - application of Property (Relationships) Act 1982 - whether de facto relationship ended before or after the commencement of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 on 1 March 2009 - whether relationship had "broken down" before or after 1 March 2009 - test to be applied. Legislation Cited: De Facto Relationships Act (1984) (NSW) Family Law Act 1975 (Cth) Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) Property (Relationships) Act 1984 (NSW) Cases Cited: Gazzard v Winders (1998) 23 Fam LR 716 Hibberson v George (1989) 12 Fam LR 725 Lipman v Lipman (1989) DFC 95-068 Pavey v Pavey [1976] FLC 90-051 S v B (No. 2) [2005] 1 Qd R 537 Thomson v Badger (1990) DFC 95-078 Vine v Carey [2009] FMCA Fam 1017 Category: Procedural and other rulings Parties: Plaintiff- Steve Davies Defendant- Rebecca Richardson Representation: Plaintiff- R. Schonell SC Defendant- G. Johnston Plaintiff- Rebekah Dorter, Reid Family Lawyers Defendant- Yves Hazan, Hazan Hollander File Number(s): 224336/10 Publication restriction: No.