BROWNLESS & WARREN

[2018] FamCA 101

FAMILY COURT OF AUSTRALIA

BROWNLESS & WARREN [2018] FamCA 101

FAMILY LAW – DE FACTO RELATIONSHIP – indicia of relationship – whether de facto relationship existed – when de facto relationship existed – declaration of de facto relationship.

Family Law Act 1975 (Cth) ss 4AA, 90RD, 90RG, 90SM
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth)

Cadman & Hallett [2013] Fam CA 819 Jonah v White (2012) 48 Fam LR 562 Hibberson v George (1989) 12 Fam LR 725 S v B (No 2) (2004) 32 Fam LR 429
APPLICANT:	Mr Brownless

RESPONDENT: Ms Warren

FILE NUMBER: SYC 5430 of 2015

DATE DELIVERED: 27 February 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Gill J

HEARING DATE: 19-22 February 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Levet

SOLICITOR FOR THE APPLICANT: Kinghan & Associates

COUNSEL FOR THE RESPONDENT: Mr Campton, SC

SOLICITOR FOR THE RESPONDENT: Blackman Legal Pty Ltd

Orders

1. The initiating application filed by Mr Brownless on 18 August 2015 is dismissed for lack of jurisdiction.

2. The order of Watts J made 27 March 2017 in relation to the Suburb B property is discharged, and the application in a case filed by Mr Brownless on 12 December 2016 is dismissed.

3. The application in a case filed by Mr Brownless on 12 July 2017 is dismissed. 

4. In the event that a party seeks costs in this matter, that party is to file and serve within 14 days:

   (a)       A minute of the order sought;

   (b)       Any further evidential material to be relied upon, including a financial statement

5. In the event that such costs are resisted, that party is to file and serve any material relied upon including a financial statement within a further 14 days.

6. On the filing of the material in Order 4 a further date will be allocated for the determination of costs.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Brownless & Warren has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5430 of 2015

Mr Brownless

Applicant

And

Ms Warren

Respondent

REASONS FOR JUDGMENT

Introduction

1. An initiating application was filed by Mr Brownless on 18 August 2015 seeking declarations pursuant to s 90RD of the Family Law Act 1975 that a de facto relationship existed between himself and the respondent, Ms Warren, and further, a declaration that the relationship existed from approximately late 1992 until mid-December 2014.  While he also sought orders pursuant to s 90SM of the Act to alter…