BANNISTER & PERGOLESI

Case [2018] FamCA 888


FAMILY COURT OF AUSTRALIA

BANNISTER & PERGOLESI [2018] FamCA 888
FAMILY LAW – DE FACTO RELATIONSHIPS – where there was a dispute about the duration of the relationship and in particular when it ended – where findings of fact made – consideration of the approach to determining what is, in effect, a jurisdictional question.

Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)

Supreme Court (General Civil Procedure) Rules 2015 (Vic)

Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336
Cadman & Hallett [2014] FamCAFC 142
Clarence & Crisp [2016] FamCAFC 157
DMW v CGW [1982] HCA 73; (1982) 151 CLR 491
Dupas v The Queen [2012] VSCA 328
Hibberson v George (1989) 12 Fam LR 725; DFC 95-064
Jonah v White [2011] FamCA 221; (2011) 45 Fam LR 460
Moby & Schulter [2010] FamCA 748
Onslow & Onslow [2016] FamCAFC 7d
Re Edensor Nominees Pty Ltd; Ex parte Australian Securities and Investments Commission [2001] HCA 1; 204 CLR 559
Sinclair & Whittaker [2013] FamCAFC 129; (2013) FLC 93-551
Vaughan v Hoskovich [2010] NSWSC 706
APPLICANT: Ms Bannister
RESPONDENT: Mr Pergolesi
FILE NUMBER: MLC 3959 of 2018
DATE DELIVERED: 5 November 2018
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Cronin J
HEARING DATE: 12, 15-18 October 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Dixon SC with Dr Smith
SOLICITOR FOR THE APPLICANT: Lander & Rogers
COUNSEL FOR THE RESPONDENT: Mr Dickson QC with Mr Atkinson
SOLICITOR FOR THE RESPONDENT: Coote Family Lawyers

Orders

  1. Pursuant to s 90RD of the Family Law Act 1975 (Cth), THE COURT DECLARES that the parties were in a de facto relationship from some time in 2008 onwards until it ended in February 2018.

  2. All of the interim or procedural orders applications, identified as B, C, D, E, F, G and J in the application filed 5 June 2018 are adjourned to the Judicial Duty List at 10:00 am on 5 December 2018.

  3. That there otherwise be liberty to apply in respect of paragraph (2).

  4. That paragraphs 1 and 2 of the application for substantive final relief in the application filed 5 June 2018 are adjourned to a date to be fixed for final hearing before a Judge.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bannister & Pergolesi has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 3959 of 2018

Ms Bannister

Applicant

And

Mr Pergolesi

Respondent

REASONS FOR JUDGMENT

  1. The primary issue in this proceeding is whether…

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Details
AGLC
BANNISTER & PERGOLESI [2018] FamCA 888
Case
[2018] FamCA 888
Decision Date

CaseChat Overview and Summary

In this matter before Cronin J of the Family Court of Australia, the parties, Bannister and Pergolesi, were in dispute regarding the duration of their de facto relationship, specifically concerning the date on which the relationship concluded.

The primary legal issue before the court was to determine the precise period of the de facto relationship, which is a jurisdictional question under the *Family Law Act 1975* (Cth). This determination was crucial for the court to exercise its powers in relation to property settlement.

Cronin J made findings of fact regarding the commencement and termination of the relationship. The court applied the principles governing the assessment of de facto relationships, focusing on the evidence presented to establish the existence and duration of the relationship. The court declared that the parties were in a de facto relationship from some time in 2008 until it ended in February 2018. Further applications concerning substantive final relief were adjourned for a final hearing.

Orders

Orders of the court

1.

Pursuant to s 90RD of the Family Law Act 1975 (Cth), THE COURT DECLARES that the parties were in a de facto relationship from some time in 2008 onwards until it ended in February 2018.

2.

All of the interim or procedural orders applications, identified as B, C, D, E, F, G and J in the application filed 5 June 2018 are adjourned to the Judicial Duty List at 10:00 am on 5 December 2018.

3.

That there otherwise be liberty to apply in respect of paragraph (2).

4.

That paragraphs 1 and 2 of the application for substantive final relief in the application filed 5 June 2018 are adjourned to a date to be fixed for final hearing before a Judge.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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