In Evans v Hollenberg [2024] QDC 56, the dispute arose from a broken de facto relationship between Samantha Helen Evans (Applicant) and Jason Lee Hollenberg (Respondent), focusing on the division of proceeds from the sale of a jointly owned property. Initially, the property was held as joint tenants, but after their separation, it was changed to tenancy in common in equal shares. Despite several attempts, the sale of the property was unsuccessful until a court-ordered appointment of statutory trustees to sell the property and distribute the proceeds equally, with the provision that Hollenberg could seek an adjustment to his share. Hollenberg's subsequent application for a larger share of the sale proceeds was contested by Evans on jurisdictional grounds, arguing it fell within the exclusive domain of the Federal Circuit and Family Court due to it being a matter related to the division of property post-de facto relationship. The court, presided over by Judge Barlow KC, dismissed Hollenberg's application, concurred with Evans' standpoint on jurisdiction, and clarified that the District Court could not adjudicate on the division of property where the parties had been in a de facto relationship, as such matters are reserved for the Federal Circuit and Family Court of Australia.
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