He was her carer, she had an injury payout, he gambled: 57.5/42.5

57.5% to him, 42.5% to herFamily Court of Western Australia · 28 September 2018
Together
About 13 years, de facto
Children
Two
Net pool
About $417,000
Split
57.5% him / 42.5% her
A man stands alone in the yard of a half-finished house on a bush block.

Their de facto relationship began in September 2002, when she and their first child moved to the country town where he lived. They had two children and separated in January 2016. She had been seriously injured in an accident and was a disability pensioner. From August 2002 he was formally her carer for social security purposes, and he received a carer's allowance until they separated. He was self-employed and worked on and off.

He brought in a block he had bought in 1992, with a house he had largely built himself that was still a shell, and half of a vacant block that sold in 2006 for more than $400,000. He netted about $150,000 and used most of it to repay a loan from his brother. In 2006 she received a damages payment of about $157,000 net. Part of it went into the home and a small industrial block.

The net pool at trial was $417,000. Each sought 65% of it. She argued that his gambling losses of about $116,000 since 2015 should be added back. Chief Judge Thackray refused: the couple had kept their money largely separate, and the gambling was most likely funded from his income, mainly after separation. Instead, the waste counted against him when contributions were weighed. Neither side's legal fees were added back.

Contributions were assessed at 57.5% to him and 42.5% to her. The judge gave particular weight to his two properties, while not overlooking her damages payment. Part of that payment was an allowance for him as her carer. He was also the household's mainstay, cooking most evening meals and caring for the children, who now lived with him. Her poor financial prospects and his full responsibility for the children cancelled each other out, so there was no further adjustment.

She was to receive $69,025 from him within 90 days, plus the proceeds of the industrial block: about $177,000 in all, leaving him about $240,000. He kept both houses, provided he paid; if he did not, the family home would be sold.

What it means for you

Gambling losses are not always added back dollar for dollar. Where the money came mainly from income earned after separation, a WA court may weigh the waste in contributions instead.

Western Australian de facto law has no express wastage provision. The 10 June 2025 changes to the Family Law Act 1975 (Cth) that made wastage an express factor for married couples, and for de facto couples elsewhere in Australia, have not been mirrored in Part 5A of the Family Court Act 1997 (WA), as at October 2026.

The decision: [2018] FCWA 187

A published decision of the Family Court of Western Australia, retold in plain English. MKI Legal did not act in this case. Every outcome depends on its own facts. This is general information, not legal advice.

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