Cressy v. Johnson

The proceedings concerned the plaintiff’s entitlement to an interest in seven properties purchased by the defendant in his name during and after their nine-year relationship. The plaintiff brought a claim under Part 9 of the Property Law Act 1958 (Vic), requesting that the Court adjust the interests in the properties on the basis of her financial and non-financial contributions to the relationship. While the parties were not married, the court was satisfied that on the balance of probabilities, they were in a genuine domestic relationship, considering factors such as their co-habitation, financial independence and the fact they had a child. In determining the contributions of each party to the relationship, the Court noted that “full value” must be given to the role of either party as homemaker. The plaintiff was not required to demonstrate a link between her contributions as homemaker or parent and the value of the properties in question. The Court acknowledged that the defendant had assumed the full burden of the mortgage commitments of the properties, but also acknowledged that the plaintiff had principal responsibility for the care of her three children. The Court was satisfied that the parties’ contributions were equal, and adjusted the interests in the properties on this basis.