BANNISTER & PERGOLESI

Case

[2018] FamCA 888

5 November 2018


Details
AGLC Case Decision Date
BANNISTER & PERGOLESI [2018] FamCA 888 [2018] FamCA 888 5 November 2018

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.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Procedural Fairness

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Cases Citing This Decision

2

MJS v AJH [2021] QDC 287
Pethrick & Folmar [2022] FedCFamC2F 978
Cases Cited

14

Statutory Material Cited

3

DMW v CGW [1982] HCA 73
Cameron v Cole [1944] HCA 5