Chancellor & McCoy [2016] FCCA 53
Court: Federal Circuit Court
Judge: Turner
Facts: Ms. McCoy and Ms. Chancellor were in a de facto relationship for 27 years without children. They maintained separate finances, individually managing property transactions and debts. The court noted Ms. McCoy acquired a property in her name early in the relationship, where they resided and conducted renovations funded by Ms. McCoy. Ms. Chancellor contributed financially and through labor during this period. Subsequently, Ms. Chancellor bought a property in her name, funding renovations with Ms. McCoy assisting in labor.
Ms. Chancellor argued for a property division, emphasizing the lengthy relationship and joint contributions to the property pool. Ms. McCoy contended that despite the relationship’s duration, the parties maintained separate financial spheres, accumulating individual assets.
Reasoning: The court determined that after a 27-year relationship, it would not be just and equitable to issue an order altering property interests for the de facto couple. The court observed that during the extensive relationship, the parties maintained a distinct separation of their financial matters. They individually acquired properties in their own names, managed personal debts, and had autonomy over their earnings without mutual financial accountability. There was no provision for each other in case of death, and upon separation, both parties were unaware of the assets accumulated by the other. Consequently, Ms. Chancellor’s application for a property order was dismissed.
To read the full judgement go to: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2016/53.html