ABALOS & HALDER
Case
•
[2019] FamCA 963
•13 December 2019
Details
AGLC
Case
Decision Date
ABALOS & HALDER [2019] FamCA 963
[2019] FamCA 963
13 December 2019
CaseChat Overview and Summary
In the matter of *Abalos & Halder*, the applicant and respondent were before Macmillan J of the Family Court of Australia. The central dispute concerned the existence of a de facto relationship between the parties.
The primary legal issue before the court was whether a de facto relationship existed between the applicant and the respondent, and if so, for what period. This determination was crucial for the court to exercise its jurisdiction under the *Family Law Act 1975* (Cth).
Macmillan J declared that a de facto relationship existed between the applicant and the respondent from 8 February 2014 to 1 May 2017, pursuant to sections 90RD and 4AA of the *Family Law Act 1975* (Cth), noting that the parties were at all relevant times resident in Victoria. The court then adjourned all extant applications to the Registrars Directions List for further orders and directions to prepare the matter for trial. The court also made orders regarding the attendance of counsel and reserved all questions of costs for determination on the papers, setting timelines for the filing of written submissions by both parties.
The primary legal issue before the court was whether a de facto relationship existed between the applicant and the respondent, and if so, for what period. This determination was crucial for the court to exercise its jurisdiction under the *Family Law Act 1975* (Cth).
Macmillan J declared that a de facto relationship existed between the applicant and the respondent from 8 February 2014 to 1 May 2017, pursuant to sections 90RD and 4AA of the *Family Law Act 1975* (Cth), noting that the parties were at all relevant times resident in Victoria. The court then adjourned all extant applications to the Registrars Directions List for further orders and directions to prepare the matter for trial. The court also made orders regarding the attendance of counsel and reserved all questions of costs for determination on the papers, setting timelines for the filing of written submissions by both parties.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Costs
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Procedural Fairness
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Citations
ABALOS & HALDER [2019] FamCA 963
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Barry & Dalrymple
[2010] FamCA 1271
Smyth & Pappas
[2011] FamCA 434
Moby & Schulter
[2010] FamCA 748