Large v Mowbray [2012] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: Large v Mowbray [2012] NSWSC 767 Hearing dates: 2 and 4 July 2012 Decision date: 04 July 2012 Jurisdiction: Equity Division Before: Stevenson J Decision: The money in the controlled account be divided 60 per cent to the plaintiff and 40 per cent to the defendant. Catchwords: FAMILY LAW - de facto relationships - adjustment of property interests - relevant property - inheritance - superannuation entitlements - just and equitable order - Property (Relationships) Act 1984 s 20 Legislation Cited: Property (Relationships) Act 1984 Cases Cited: Chanter v Catts (2005) 64 NSWLR 360 Farnell v Farnell (1996) 20 Fam LR 513 Hodgson v Grebert [2010] NSWSC 223 Jones v Grech (2001) 27 Fam LR 711 Lipman v Lipman (1989) 13 Fam LR 1 Mayne v Mayne (2011) 46 Fam LR 197 Sharpless v McKibbin [2007] NSWSC 1498 Category: Principal judgment Parties: Deanne Large (plaintiff) Daryl Mowbray (defendant) Representation: Counsel: M G Y Wong (plaintiff) D R Alexander (defendant) Solicitors: Rita Thakur & Associates (plaintiff) Verekers Lawyers Wollongong (defendant) File Number(s): SC 2011/262199

Judgment - EX TEMPORE 1This is an application for a property adjustment order pursuant to s 20 of the Property (Relationships) Act 1984 ("the Act"), which provides: - "20 Application for adjustment (1) On an application by a party to a domestic relationship for an order under this Part to adjust interests with respect to the property of the parties to the relationship or either of them, a court may make such order adjusting the interests of the parties in the property as to it seems just and equitable having regard to: (a) the financial and non-financial contributions made directly or indirectly by or on behalf of the parties to the relationship to the acquisition, conservation or improvement of any of the property of the parties or either of them or to the financial resources of the parties or either of them, and (b) the contributions, including any contributions made in the capacity of homemaker or parent, made by either of the parties to the relationship to the welfare of the other party to the relationship or to the welfare of the family constituted by the parties and one or more of the following, namely: (i) a child of the parties, (ii) a child accepted by the parties or either of them into the household of the parties, whether or not the child is a child of either of the parties. (2) A court may make an order under subsection (1) in respect of property whether or not it has declared the title or rights of a party to a domestic relationship in respect of the property." 2For convenience, and without intending any disrespect, I shall refer to the parties by their given names. 3The plaintiff, Deanne Large ("Deanne"), and the defendant, Daryl Mowbray ("Daryl") were in a "domestic relationship" as that term is defined in s 5 of the Act, from September 1982 until January 2009. It is common ground this was a "de facto relationship" within the meaning of s 4 of the Act. 4Deanne was born in June 1964 and is now 48. She was 18 when the relationship commenced. Daryl was born in February 1958 and is now 54. He was 24 when the relationship commenced. 5There are two children of the relationship. Curtis was born in February 2001 and is now 11. Smith was born in May 2005 and is now seven. 6Deanne commenced proceedings several months outside the two-year period referred to in s 18 of the Act. It is common ground Deanne should be given leave to bring these proceedings pursuant to s 18(2) of the Act. I propose to make an order granting that leave. 7The exercise of jurisdiction under s 20 of the Act involves three steps: - (1)identification and valuation of the property of the parties; (2)identification and valuation of the respective contributions of the parties; and (3)determination of what, if any, order is just and equitable having regard to these contributions. (See Chanter v Catts (2005) 64 NSWLR 360 per Hodgson JA at [22]; Lipman v Lipman (1989) 13 Fam LR 1 at page 18; Jones v Grech (2001) 27 Fam LR 711 at [29]). 8I will consider those three steps in turn.