Beckham & Quarrington (No 3) - [2024] FedCFamC2F 74

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Beckham & Quarrington (No 3) [2024] FedCFamC2F 74

File number(s): BRC 12076 of 2017

Judgment of: JUDGE DUNKLEY

Date of judgment: 25 January 2024

Catchwords: FAMILY LAW - threshold hearing - determine whether or not parties lived in a de facto relationship

Legislation: Family Law Act 1975 (Cth) s 4AA

Division: Division 2 Family Law

Number of paragraphs: 107

Date of hearing: 19 and 20 October 2023

Place: Brisbane

Counsel for the Applicant: Mr van der Weegen

Solicitor for the Applicant: Trianon Law

Counsel for the Respondent: Mr Hartwell

Solicitor for the Respondent: Norris Law
ORDERS

BRC 12076 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS QUARRINGTON

Applicant

AND:
MR BECKHAM

Respondent

ORDER MADE BY:

JUDGE DUNKLEY

DATE OF ORDER:

25 JANUARY 2024

THE COURT DECLARES THAT:
1.Ms Quarrington and Mr Beckham lived in a de facto relationship in Queensland from October 2012 until November 2014.
2.There is one child of that de facto relationship, X, born in 2012.

THE COURT ORDERS THAT
3.This case is listed for further directions at 2.15pm (AEST) on 12 February 2024 by Microsoft Teams so as to make directions to prepare it for a final hearing relevant to what, if any, property settlement orders are to be made.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE DUNKLEY

Ms Quarrington (the applicant) and Mr Beckham (the respondent) have been engaged in protracted family law proceedings. In the course of the proceedings, a Judge of the Federal Circuit Court of Australia made an order on 21 November 2018 giving leave to the applicant pursuant to s 44(6), to pursue out of time a property settlement application against the respondent.
On 20 August 2019, Justices Ryan, Kent and Austin upon the hearing of Mr Beckham’s appeal against the order made 21 November 2018, allowed the appeal, set aside the leave order, and remitted the rehearing to a Judge of the Federal Circuit Court of Australia.
Regrettably, the remitted hearing did not come on quickly. It languished because parenting proceedings and contravention hearings took priority. I am now tasked to hear the remitted leave application because I am a Judge not based in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beckham & Quarrington (No 3)

Details

AGLC: Beckham & Quarrington (No 3) [2024] FedCFamC2F 74
Case: [2024] FedCFamC2F 74
Decision Date: 25 January 2024

CaseChat Overview and Summary

The case of Ms Quarrington versus Mr Beckham was heard in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the parties had been in a de facto relationship in Queensland from October 2012 to November 2014, and if so, whether there were any children born from that relationship. The applicant, Ms Quarrington, sought a declaration that she and the respondent, Mr Beckham, had been in a de facto relationship and that there was one child of that relationship. Mr Beckham contested the applicant's claims.

The court needed to determine the legal criteria for a de facto relationship under the Family Law Act 1975 (Cth) and apply those criteria to the evidence presented. The court considered the nature of the relationship, the degree of commitment, and the shared financial responsibilities of the parties. The court also had to ascertain whether there was a child of the relationship, which was relevant to any future property settlement and parenting matters. The evidence included witness statements, financial records, and other documentation submitted by both parties.

After considering the evidence, the court found that Ms Quarrington and Mr Beckham had indeed lived in a de facto relationship in Queensland from October 2012 to November 2014. The court accepted that the relationship was characterised by a high degree of commitment and shared financial responsibilities. Furthermore, the court found that there was one child of the relationship, X, born in 2012. The court declared the existence of the de facto relationship and the existence of the child, X. The court then ordered the case be listed for further directions to prepare it for a final hearing on any property settlement orders.

Orders

Orders of the court

BRC 12076 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS QUARRINGTON

Applicant

AND:

MR BECKHAM

Respondent

ORDER MADE BY:

JUDGE DUNKLEY

DATE OF ORDER:

25 JANUARY 2024

THE COURT DECLARES THAT:

1. Ms Quarrington and Mr Beckham lived in a de facto relationship in Queensland from October 2012 until November 2014.

2. There is one child of that de facto relationship, X, born in 2012.

THE COURT ORDERS THAT

3. This case is listed for further directions at 2.15pm (AEST) on 12 February 2024 by Microsoft Teams so as to make directions to prepare it for a final hearing relevant to what, if any, property settlement orders are to be made.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	BRC 12076 of 2017
Judgment of:	JUDGE DUNKLEY
Date of judgment:	25 January 2024
Catchwords:	FAMILY LAW - threshold hearing - determine whether or not parties lived in a de facto relationship
Legislation:	Family Law Act 1975 (Cth) s 4AA
Division:	Division 2 Family Law
Number of paragraphs:	107
Date of hearing:	19 and 20 October 2023
Place:	Brisbane
Counsel for the Applicant:	Mr van der Weegen
Solicitor for the Applicant:	Trianon Law
Counsel for the Respondent:	Mr Hartwell
Solicitor for the Respondent:	Norris Law

BRC 12076 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS QUARRINGTON Applicant
AND:	MR BECKHAM Respondent

ORDER MADE BY:	JUDGE DUNKLEY
DATE OF ORDER:	25 JANUARY 2024