FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Baden & Packwood [2021] FedCFamC2F 204
File number(s): HBC 50 of 2019 Judgment of: JUDGE TAGLIERI Date of judgment: 19 October 2021 Catchwords: FAMILY LAW – de facto property – whether court has jurisdiction to make orders adjusting property of the parties – where parties agree they were in a de facto relationship up to June 2006 – where Applicant asserts de facto relationship ended in 2016 – where Respondent asserts that de facto relationship ended in 2006 – where State powers regarding de facto relationship referred to Commonwealth in 2009 – where parties shared common residence until 2016 – finding that parties’ de facto relationship ended in 2006 – court does not have jurisdiction – application dismissed Legislation: Evidence Act 1995 (Cth) s140
Family Law Act 1975 (Cth) Part VIIIAB, s4AA, s90SM
Family Law Amendment (De Facto Financial and Other Measures) Act 2008 (Cth)
Cases cited: Crowley & Pappas [2013] FamCA 783 at 8
Jonah & White [2011] FamCA 221
Tomson & MacLaren [2021] FamCA 620
Sinclair & Whitaker (2013) FLC 93-551 at [65]
Division: Division 2 Family Law Number of paragraphs: 95 Date of hearing: 3 & 6 September 2021 Place: Hobart Counsel for the Applicant: In Person Counsel for the Respondent: In Person ORDERS
HBC 50 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BADEN
Applicant
AND: MR PACKWOOD
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
19 OCTOBER 2021
THE COURT ORDERS THAT:
1.The Application filed 22 January 2019 is dismissed for want of jurisdiction.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Baden & Packwood has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Judge Taglieri
On 22 January 2019, Mr Baden (“the Applicant”) made application to this Court seeking orders for the adjustment of property interests. The Respondent to the application is Mr Baden (“the Respondent”). The application sought to invoke the Court’s jurisdiction pursuant to Part VIIIAB of the Family Law Act1975 (“the Act”), which concerns financial matters relating to de facto relationships. Although not expressed as such, the application sought orders for alteration of property interests pursuant to section 90SM of the Act.
A preliminary question about jurisdiction arose in the proceedings, and on 5…
Continue reading Baden & Packwood
Sign in free to access the full text
- AGLC
- Baden & Packwood [2021] FedCFamC2F 204
- Case
- [2021] FedCFamC2F 204
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the de facto relationship had indeed ended in 2006, and if so, whether the court had jurisdiction to make orders regarding the division of property. The court considered the evidence presented by both parties, including their respective accounts of when the relationship ended and the state of their shared residence. It was also noted that the power to make de facto relationship property orders had been referred to the Commonwealth from the states in 2009. The court found that the de facto relationship had ended in 2006, and as such, it did not have jurisdiction to make orders regarding the division of the parties' property.
In reaching its decision, the court emphasised the importance of the parties' agreement that they had been in a de facto relationship up until June 2006. It found that despite the applicants' assertion that the relationship ended in 2016, the evidence demonstrated that they had shared a common residence until that year. Given that the power to make de facto relationship property orders had been referred to the Commonwealth in 2009, the court concluded that it did not have jurisdiction to make orders regarding the division of the parties' property. Consequently, the application was dismissed.
The court's final order was that the application filed on 22 January 2019 was dismissed for want of jurisdiction. This decision was subject to review to remedy any minor typographical or grammatical errors, or to record any variation to the order.
Orders
Orders of the court
HBC 50 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BADEN
Applicant
AND:
MR PACKWOOD
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
19 OCTOBER 2021
THE COURT ORDERS THAT:
1. The Application filed 22 January 2019 is dismissed for want of jurisdiction.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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.