Consent Orders vs Binding Financial Agreement in NSW — speed, cost, privacy, transfer duty and when each fits after separation. Free 20-min consult.

One man. Two former de facto partners. One pool of money left over from a house sale — and both women claiming a share of it. A 2026 Federal Circuit and Family Court decision shows how the court untangles consecutive relationships in a single hearing, and why the new family violence property rules changed the outcome.

A case study of the recent judgement which examined the issues relating to the existence of a de facto relationship on appeal.

Gillespe & Ngan [2023] FedCFamC1A 27 (20 March 2023) was an appeal of the primary judge’s decision to declare that no de facto relationship existed between the parties. Background In October 2021, the appellant, Mr Gillespe, initiated legal proceedings against the first respondent, Ms Ngan, seeking division of the property pool under the Family Law Act 1975 (Cth) ("the Act") following the alleged termination of his seven-year de facto relationship with the respondent in May 2