Balcomb and Daley

Case

[2016] FCCA 1635

1 July 2016


Details
AGLC Case Decision Date
Balcomb and Daley [2013] FCCA 1107 [2016] FCCA 1635 1 July 2016

CaseChat Overview and Summary

In *Balcomb and Daley*, heard before Judge Jones, the applicant sought a declaration that a de facto relationship existed with the respondent. The core of the dispute concerned the duration of this alleged de facto relationship, with the applicant asserting it commenced in late 2001 and concluded on 15 October 2013.

The primary legal issue before the Court was whether the evidence established the existence of a de facto relationship between the parties for the period claimed by the applicant, specifically from late 2001 until 15 October 2013, pursuant to section 90RD of the *Family Law Act 1975* (Cth).

The Court considered the evidence presented and, applying the criteria for establishing a de facto relationship under the *Family Law Act*, found that a de facto relationship did indeed exist between the applicant and the respondent from late 2001 up to and including 15 October 2013.

Consequently, the Court made orders declaring that a de facto relationship existed between the applicant and the respondent from late 2001 to 15 October 2013. The proceedings were then listed for mention on 6 July 2016.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

3

Jonah & White [2011] FamCA 221