FEDERAL MAGISTRATES COURT OF AUSTRALIA
| AITKEN & DEAKIN | [2010] FMCAfam 35 |
| FAMILY LAW – Property – de facto relationship – preliminary issue of date of separation – separation under the one roof – jurisdiction of the court. |
| Family Law Act 1975, s.4AA Federal Magistrates Court Rules 2001, r.17.02 |
| Todd and Todd (No. 2) 1976 FLC ¶90-008 Falk and Falk (1977) FLC ¶90-247 Pavey and Pavey (1976) FLC ¶90-051 Fenech and Fenech (1976) FLC ¶90-035 |
| Applicant: | MR AITKEN |
| Respondent: | MS DEAKIN |
| File Number: | MLC 5328 of 2009 |
| Judgment of: | McGuire FM |
| Hearing dates: | 16, 17 & 18 December 2009 |
| Date of Last Submission: | 18 December 2009 |
| Delivered at: | Melbourne |
| Delivered on: | 21 January 2010 |
REPRESENTATION
| Counsel for the Applicant: | Ms Stoikovska |
| Solicitors for the Applicant: | Mathews Family Law |
| Counsel for the Respondent: | Ms Nikou SC with Mr Mort |
| Solicitors for the Respondent: | Caroline Counsel Family Lawyers |
ORDERS
That the application filed 18 June 2009 by Mr Aitken be dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Aitken & Deakin is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLC 5328 of 2009
| MR AITKEN |
Applicant
And
| MS DEAKIN |
Respondent
REASONS FOR JUDGMENT
Background
Mr Aitken is the applicant for substantive financial orders. He alleges that he and Ms Deakin were in a de facto relationship from about 1991 until 9 April 2009.
Ms Deakin disputes firstly that the relationship between them was a de facto relationship within the definition of s.4AA of the Family Law Act 1975 (“the Act”) as amended and, secondly, if the Court were
to determine that there was a de facto relationship then she disputes the date of separation. She says that the relationship ended in January 2009. The significance of the second issue is that the jurisdiction
of the Court and the Act is only from 1 March 2009. That is, parties separating from a de facto relationship prior to 1 March 2009 cannot use the facilities of this Court or its legislation unless they jointly choose to “opt in”.
When the matter came before me ostensibly for substantive trial on
16 December 2009, an oral application was made on behalf of the respondent, Ms Deakin, that I determine as a discrete and preliminary issue the date of separation. After some short submissions and the matter being stood down for a period the parties agreed to this course. Consequently, I made an appropriate order under r.17.02 of the Federal Magistrates Court Rules 2001. The matter then proceeded on the basis of Ms Deakin being the applicant in respect of the discrete issue before me.
Ms Deakin is 46 years of age. She is a [healthcare professional] by occupation. Mr Aitken is 61 years of age. He is a [occupation omitted].
There is no dispute that the parties met in 1991. They were living together in an apartment in [S] registered in the name of Ms Deakin in early 2009…
Continue reading Aitken & Deakin
Sign in free to access the full text
- AGLC
- Aitken & Deakin [2010] FMCAfam 35
- Case
- [2010] FMCAfam 35
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
That the application filed 18 June 2009 by Mr Aitken be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.