FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Beckham & Quarrington [2024] FedCFamC1A 136
Appeal from: Beckham & Quarrington (No 3) [2024] FedCFamC2F 74 Appeal number: NAA 40 of 2024 File number: BRC 12076 of 2017 Judgment of: ALDRIDGE J Date of judgment: 7 August 2024 Catchwords: FAMILY LAW – APPEAL – Appeal from declaration that the parties were in a de facto relationship – Leave to appeal not required – Alleged incorrect findings were open on the evidence – Where the reasons are brief but clear – Extensive reasons not required for accepting the evidence of a particular witness – Judge’s task is to apply the law not recite it – Appeal dismissed. Legislation: Family Law Act 1975 (Cth) s 4AA
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.53
Cases cited: AMS v AIF (1999) 199 CLR 160; [1999] HCA 26
Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148
CDJ v VAJ (1998) 197 CLR 182; [1998] HCA 67
Crick & Bennett (2018) FLC 93-832; [2018] FamCAFC 68
Cuan & Kostelac (2017) FLC 93-801; [2017] FamCAFC 188
Dahl & Hamblin (2011) FLC 93-480; [2011] FamCAFC 202
Fairbairn v Radecki (2022) 275 CLR 400; [2022] HCA 18
Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478; [2002] HCA 22
Gregory R Ball Pty Ltd v Stead (1993) 9 NSWCCR 148
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1
Number of paragraphs: 58 Date of hearing: 7 August 2024 Place: Sydney (via video link) Counsel for the Appellant: Mr Hartwell Solicitor for the Appellant: C Lawyers The Respondent: Self-represented litigant ORDERS
NAA 40 of 2024
BRC 12076 of 2017FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR BECKHAM
Appellant
AND: MS QUARRINGTON
Respondent
ORDER MADE BY:
ALDRIDGE J
DATE OF ORDER:
7 AUGUST 2024
THE COURT ORDERS THAT:
1.The Application in an Appeal filed 24 July 2024 is dismissed.
2.The appeal is dismissed.
3.The application for costs is dismissed.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 the pseudonym Beckham & Quarrington has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX…
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- Beckham & Quarrington [2024] FedCFamC1A 136
- Case
- [2024] FedCFamC1A 136
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CaseChat Overview and Summary
The legal issues before the court were whether the appellant and the respondent were in a de facto relationship and, if so, the period during which this relationship existed. The court had to determine whether the lower court's findings were correct and whether the evidence supported those findings. The appellant argued that the lower court had erred in its interpretation of the evidence and had failed to properly consider certain aspects of the relationship.
In dismissing the appeal, the court found that the lower court's reasons, although brief, were clear and that the findings were open on the evidence presented. The court held that the appellant's argument that the lower court had failed to consider certain aspects of the relationship was unfounded, as the judge's task was to apply the law and not to recite it at length. The court also found that the appellant's argument that the lower court had incorrectly assessed the evidence was unpersuasive, as the lower court had accepted the evidence of a particular witness and there was no basis for the appeal court to overturn this finding. Consequently, the appeal was dismissed, and the application for costs was also dismissed.
The court's final order was that the appeal filed by the appellant on 24 July 2024 was dismissed, the appeal itself was dismissed, and the application for costs was dismissed. The form of the order was subject to review and potential variation in accordance with the relevant rules of the Federal Circuit and Family Court of Australia.
Orders
Orders of the court
NAA 40 of 2024
BRC 12076 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR BECKHAM
Appellant
AND:
MS QUARRINGTON
Respondent
ORDER MADE BY:
ALDRIDGE J
DATE OF ORDER:
7 AUGUST 2024
THE COURT ORDERS THAT:
1. The Application in an Appeal filed 24 July 2024 is dismissed.
2. The appeal is dismissed.
3. The application for costs is dismissed.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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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