Beulen and Tobin
Case
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[2018] FCCA 3794
•21 December 2018
Details
AGLC
Case
Decision Date
Beulen and Tobin [2013] FCCA 332
[2018] FCCA 3794
21 December 2018
CaseChat Overview and Summary
In the Federal Circuit Court, Judge McGuire considered an application by Ms Beulen and Ms Tobin for a declaration regarding their relationship. The core of the dispute concerned whether a de facto relationship existed between the parties for the purposes of the *Family Law Act 1975* (Cth).
The primary legal issue before the Court was to determine whether Ms Beulen and Ms Tobin were in a de facto relationship within the meaning of the *Family Law Act 1975* (Cth) during the period in question. This determination was a prerequisite for the Court to exercise its jurisdiction in relation to property settlement matters.
Judge McGuire declared that a de facto relationship existed between Ms Beulen and Ms Tobin between approximately 2003 and 10 August 2017, pursuant to section 90RD(1) of the *Family Law Act 1975* (Cth). Following this declaration, the Court made orders for the parties to attend property mediation with an accredited Family Dispute Resolution Practitioner. The orders also stipulated the documents to be provided to the mediator, the payment of mediation fees, and the process for obtaining joint valuations of disputed assets. The matter was adjourned for further directions.
The primary legal issue before the Court was to determine whether Ms Beulen and Ms Tobin were in a de facto relationship within the meaning of the *Family Law Act 1975* (Cth) during the period in question. This determination was a prerequisite for the Court to exercise its jurisdiction in relation to property settlement matters.
Judge McGuire declared that a de facto relationship existed between Ms Beulen and Ms Tobin between approximately 2003 and 10 August 2017, pursuant to section 90RD(1) of the *Family Law Act 1975* (Cth). Following this declaration, the Court made orders for the parties to attend property mediation with an accredited Family Dispute Resolution Practitioner. The orders also stipulated the documents to be provided to the mediator, the payment of mediation fees, and the process for obtaining joint valuations of disputed assets. The matter was adjourned for further directions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Consent
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Costs
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Remedies
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Citations
Beulen and Tobin [2013] FCCA 332
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Jonah & White
[2011] FamCA 221
Sinclair & Whittaker
[2013] FamCAFC 129
Herford & Berke (No 2)
[2019] FamCAFC 182