ADAIR & ZAMMIT

Case

[2015] FCCA 3396

21 December 2015


Details
AGLC Case Decision Date
ADAIR & ZAMMIT [2015] FCCA 3396 [2015] FCCA 3396 21 December 2015

CaseChat Overview and Summary

In the matter of *Adair & Zammit*, heard before Judge Harland, the applicant Ms Adair and the respondent Mr Zammit sought declarations regarding the existence and duration of their de facto relationship. The central dispute concerned whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth).

The primary legal issue before the Court was to determine whether the evidence established that Ms Adair and Mr Zammit were in a de facto relationship as defined by the *Family Law Act 1975* (Cth), and if so, for what period. This required the Court to consider the criteria for establishing a de facto relationship under the Act.

Judge Harland applied the provisions of section 90RD of the *Family Law Act 1975* (Cth) to the facts presented. The Court considered the nature of the parties' cohabitation, the establishment of a domestic relationship, and the duration of their association. Based on the evidence, the Court found that the parties had indeed been in a de facto relationship.

The Court ordered that pursuant to section 90RD of the *Family Law Act 1975* (Cth), Ms Adair and Mr Zammit were declared to have been in a de facto relationship from 2006 until a date in 2013.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Delamarre & Asprey [2014] FamCAFC 218
Jonah & White [2011] FamCA 221
GAMMON & LOCKWOOD [2015] FCCA 1300