FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Besser & Vaudry [2023] FedCFamC2F 1191
File number(s): PAC 1804 of 2022 Judgment of: JUDGE BETTS Date of judgment: 12 September 2023 Catchwords: FAMILY LAW – de facto property settlement proceedings – whether the applicant has filed proceedings outside the ‘standard application period’ – where the Court must determine the end date of the relationship – where the Court considers the application has been filed outside the ‘standard application period’. Legislation: Family Law Act 1975, Pt VIII, Pt VIIIAB Cases cited: Clarence & Crisp (2016) FLC 93-728
Fairbairn & Radecki (2022) 64 Fam LR 604
Jonah v White (2012) FLC 93-522
Lynam v Director General of Social Security (1983) 52 ALR 128
Mayson & Wellard [2021] FamCAFC 115
Owens & Benson [2014] FamCAFC 243
Sinclair v Whittaker (2013) FLC 93-551
Division: Division 2 Family Law Number of paragraphs: 111 Date of last submission/s: 29 June 2023 Date of hearing: 1 May 2023 and 29 June 2023 Place: Newcastle Counsel for the Applicant: Mr Bithrey Solicitors for the Applicant: Dalzell Law Counsel for the Respondent: Mr Willoughby Solicitors for the Respondent: Conditsis Lawyers ORDERS
PAC 1804 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BESSER
Applicant
AND: MS VAUDRY
Respondent
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
12 SEPTEMBER 2023
THE COURT ORDERS THAT:
1.Pursuant to section 90RD of the Family Law Act 1975 (Cth) (“the Act”), the Court declares that the de facto relationship between the parties ended by no later than 2 March 2018.
2.The Court will hear from the parties in relation to costs.
3.The Court will hear from the parties in relation to the Husband’s application to extend time for the bringing of these proceedings pursuant to s 44(6) of the Act.
4.The proceedings are adjourned to 9.30am on 15 February 2024 for further hearing.
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 BETTS
OVERVIEW
In the year 2000, Mr Besser (‘the Husband’) and Ms Vaudry (‘the Wife’) entered into a de facto relationship when the Husband moved into the Wife’s home at Suburb C, City D.
At that stage both parties were in…
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- Besser & Vaudry [2023] FedCFamC2F 1191
- Case
- [2023] FedCFamC2F 1191
- Decision Date
CaseChat Overview and Summary
In addressing these issues, the court examined the evidence and submissions provided by both parties. The court noted that the relationship had ended by 2 March 2018, based on the evidence presented. Given this finding, the court concluded that the proceedings were filed outside the 'standard application period' as defined under section 90RD of the Family Law Act 1975 (Cth). Consequently, the court declared that the de facto relationship had ended by no later than 2 March 2018. The court further scheduled a hearing to address the associated costs and the applicant's application to extend time for bringing the proceedings.
The court issued several orders, including a declaration that the relationship had ended by 2 March 2018. It also set a date for a further hearing to address the costs and the application to extend time for bringing the proceedings. The proceedings were adjourned to 15 February 2024 for this purpose. The form of the order was subject to entry in the court’s records, and any minor typographical or grammatical errors could be subject to review or variation.
Orders
Orders of the court
PAC 1804 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BESSER
Applicant
AND:
MS VAUDRY
Respondent
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
12 SEPTEMBER 2023
THE COURT ORDERS THAT:
1. Pursuant to section 90RD of the Family Law Act 1975 (Cth) (“the Act”), the Court declares that the de facto relationship between the parties ended by no later than 2 March 2018.
2. The Court will hear from the parties in relation to costs.
3. The Court will hear from the parties in relation to the Husband’s application to extend time for the bringing of these proceedings pursuant to s 44(6) of the Act.
4. The proceedings are adjourned to 9.30am on 15 February 2024 for further hearing.
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
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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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