Besser & Vaudry

Case [2023] FedCFamC2F 1191


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

H v P [2011] WASCA 78

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

  1. 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.

  2. At that stage both parties were in…

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AGLC
Besser & Vaudry [2023] FedCFamC2F 1191
Case
[2023] FedCFamC2F 1191
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 2) was called upon to determine the end date of the de facto relationship between Mr Besser and Ms Vaudry. The applicant, Mr Besser, filed proceedings seeking a property settlement, and the issue before the court was whether these proceedings had been filed outside the'standard application period'. The respondent, Ms Vaudry, contended that the relationship ended prior to the standard application period, thereby rendering the proceedings invalid. The court was tasked with ascertaining the precise end date of the relationship and determining if the application had indeed been filed beyond the permissible timeframe.

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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