BENNETT & CRICK
Case
•
[2017] FCCA 329
•28 February 2017
Details
AGLC
Case
Decision Date
BENNETT & CRICK [2017] FCCA 329
[2017] FCCA 329
28 February 2017
CaseChat Overview and Summary
In the matter of *Bennett & Crick*, heard by Judge Tonkin, the dispute concerned the existence and duration of a de facto relationship between the parties. The applicant sought declarations regarding the commencement and termination of this relationship, which would form the basis for subsequent property adjustment proceedings.
The primary legal issue before the court was to determine whether a de facto relationship existed between the parties and, if so, to establish the precise period during which it subsisted. This determination was crucial for the court to exercise its jurisdiction under section 90RD of the *Family Law Act 1975* (Cth) to make orders for the adjustment of property interests.
Judge Tonkin found that a de facto relationship did exist between the parties, commencing in late 2001 and concluding on 9 June 2014. This declaration was made pursuant to section 90RD of the *Family Law Act 1975* (Cth). The matter was subsequently listed for directions on 27 March 2017 at 9:30 am to address the application for adjustment of property interests.
The primary legal issue before the court was to determine whether a de facto relationship existed between the parties and, if so, to establish the precise period during which it subsisted. This determination was crucial for the court to exercise its jurisdiction under section 90RD of the *Family Law Act 1975* (Cth) to make orders for the adjustment of property interests.
Judge Tonkin found that a de facto relationship did exist between the parties, commencing in late 2001 and concluding on 9 June 2014. This declaration was made pursuant to section 90RD of the *Family Law Act 1975* (Cth). The matter was subsequently listed for directions on 27 March 2017 at 9:30 am to address the application for adjustment of property interests.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Statutory Interpretation
Legal Concepts
-
Jurisdiction
-
Statutory Construction
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
BENNETT & CRICK [2017] FCCA 329
Most Recent Citation
Bennett & Crick [2021] FedCFamC2F 122
Cases Cited
8
Statutory Material Cited
3
Norton & Locke
[2013] FamCAFC 202
Fenton & Marvel
[2013] FamCAFC 132
Hayes v Marquis
[2008] NSWCA 10