Asprey and Delamarre

[2013] FamCA 214

FAMILY COURT OF AUSTRALIA

ASPREY & DELAMARRE [2013] FamCA 214

FAMILY LAW – DE FACTO RELATIONSHIPS – declaration as to the existence of a de facto relationship – where the parties demonstrated a mutual commitment to a shared life – where the public aspects and reputation of the parties’ relationship was as a couple living together on a genuine domestic basis  – where the parties jointly cared and supported the two children of the relationship – where the parties jointly contributed to the expenses of the relationship - where the parties never lived together for more than seven weeks – where the parties’ relationship lasted almost nine years

Family Law Act 1975 (Cth) ss 4AA, 90RD and 90RG

Jonah v White (2011) 45 Fam LR 460
Jonah & White [2012] FamCAFC 200

APPLICANT: Ms Asprey

RESPONDENT: Mr Delamarre

FILE NUMBER: SYC 4348 Of 2011

DATE DELIVERED: 5 April 2013

PLACE DELIVERED: Newcastle

PLACE HEARD: Sydney

JUDGMENT OF: Cleary J

HEARING DATES: 4, 5 and 6 February 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Bridger

SOLICITOR FOR THE APPLICANT: Jo Anna F S Moy Solicitor

COUNSEL FOR THE RESPONDENT: Mr Maurice

SOLICITOR FOR THE RESPONDENT: Aubrey Brown Partners

Orders

1. Declarations pursuant to S90 RD of the Family Law Act 1975 (Cth) are made as follows:

   1.1That a de facto relationship existed between Ms Asprey and Mr Delamarre from May 2002 until January 2011.

   1.2That there are two children of the de facto relationship namely B born … July 2007 (“B”) and C born … September 2010 (“C”).     

2. The proceedings are listed for directions at 9.00 am on 18 April 2013.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Asprey & Delamarre has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC4348 of 2011

Ms Asprey

Applicant

And

Mr Delamarre

Respondent

REASONS FOR JUDGMENT  

Introduction

1. This is an application by Ms Asprey for a declaration that:

   (a)a de facto relationship existed between herself and Mr Delamarre from May 2002 until January 2011;

   and if that declaration is made:

   (b)that there are two children of the de facto relationship namely B born in July 2007 (“B”) and C born in September 2010 (“C”).

2. An application for an adjustment of property pursuant to Pt VIIIAB of the Family Law Act 1975 (Cth) (“the Act”) has been filed. If the first declaration is made, procedural orders are sought for financial disclosure to be made by the respondent.

3. Mr Delamarre opposes the making of declarations on the ground that the relationship between the parties does not fit within the definition in the Act of a de facto relationship. If the declaration is not made, the respondent seeks dismissal of the application for procedural orders and of the final application for financial adjustment.

Issues

1. The issues for determination are:

   (a)      was there a de facto relationship between the parties and, if there was;

   (b)      for what period…