Baden & Packwood

In the matter of Mr Baden v Mr Packwood, the Federal Circuit and Family Court of Australia (Division 2) considered whether the court had jurisdiction to make orders adjusting the property of the parties in a de facto relationship. The Applicant claimed that the de facto relationship ended in 2016, while the Respondent asserted that it ended in 2006. The court had to decide whether the de facto relationship had indeed ended and, if so, the date of its termination, as well as the court's jurisdiction under Part VIIIAB of the Family Law Act 1975 (Cth). The court found that the de facto relationship ended no later than 1 July 2006, based on the evidence presented, and therefore the court did not have jurisdiction to make orders adjusting the property of the parties. The application was dismissed.

The court considered various pieces of evidence, including the testimonies of the parties and a third party, Mr F. The Applicant attempted to establish that the Respondent had lied to Centrelink about their de facto relationship, but the Respondent disputed this, stating he had always told Centrelink the truth. The Applicant also cross-examined the Respondent about periods of time from 1995 to 2006, although there was no dispute that the parties were in a de facto relationship during this period. The court found that the preponderance of the evidence demonstrated that the parties did separate in 2006 without reconciling afterwards, although they continued to occupy the property. The Respondent had acted in many ways to lead a separate life, and the parties' mutual desire to own the property led to a convenient, but not comfortable, sharing of the property as separated persons.

The court concluded that the de facto relationship between the parties ended no later than 1 July 2006, and therefore the court did not have jurisdiction pursuant to Part VIIIAB of the Family Law Act 1975 (Cth). The application was dismissed. The court ordered that the Application filed on 22 January 2019 be dismissed for want of jurisdiction.