Bullivant & Holt

Case [2012] FamCA 134


FAMILY COURT OF AUSTRALIA

BULLIVANT & HOLT [2012] FamCA 134

FAMILY LAW - PRACTICE AND PROCEDURE – Proceedings brought pursuant to Domestic Relationships Act 1994 (ACT) – cross-vested jurisdiction

FAMILY LAW - PROPERTY SETTLEMENT – Domestic relationships – whether a domestic relationship existed – where parties did not live together – where parties discussed marriage – where the applicant assisted the respondent with renovations and home duties and had a relationship with the respondent’s son – finding that there was personal or financial commitment and support of material benefit – finding that a domestic relationship existed – whether a domestic relationship existed for two years – where respondent alleges there were many relationships or many periods of separation in the relationship – whether there was a series of relationships or whether periods of relationship can be aggregated to constitute one relationship – finding that there was one relationship for at least two years – contributions – no adjustment to contributions

FAMILY LAW - PRACTICE AND  PROCEDURE – whether leave can be granted retrospectively to commence proceedings out of time

Domestic Relationships Act 1994 (ACT), ss 3, 12, 15, 19
Family Law Act 1975 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1993 (ACT)
Legislation Act 2001 (ACT), s 169(2)
Property (Relationships) Act 1984 (NSW), s 17
De Facto Relationships Act 1984 (NSW)

Booth v Ward (2007) DFC 95-408
Crellin v Robertson (2004) 32 Fam LR 406
Davies v Richardson [2011] NSWSC 810
Ferris v Winslade (1998) 22 Fam LR 725
Lipman v Lipman (1989) 13 Fam LR 1
McKenzie v Storer [2007] ACTSC 88
McKone v Maretta (1999) DFC 95-213
Thomas v Badger (1990) DFC 95-078
APPLICANT: Ms Bullivant
RESPONDENT: Mr Holt
FILE NUMBER: CAC 57 of 2011
DATE DELIVERED: 16 March 2012
PLACE DELIVERED: Canberra
PLACE HEARD: Canberra
JUDGMENT OF: Faulks DCJ
HEARING DATE: 19 September 2011 - 23 September 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr J Millar
SOLICITOR FOR THE APPLICANT: Farrar Gesini & Dunn
COUNSEL FOR THE RESPONDENT: Mr R Lethbridge, SC
Ms G Eldershaw
SOLICITOR FOR THE RESPONDENT: Elringtons Solicitors

Orders

  1. The parties shall forthwith do all acts and things and sign all necessary documents to cause:

    (a)$72,193 of the proceeds of sale of the property known as … B Street, Suburb P in the Australian Capital Territory, held in trust by J Law Firm, to be paid forthwith to Ms Bullivant, born … October 1969 (“the applicant”); and

    (b)To pay 37 per cent of any interest accumulated in respect of the said account over and above the figure of $72,193 to the applicant and to pay the balance to the respondent.

  2. Within 42 days, Mr Holt, born … January 1970 (“the respondent”) shall pay to the applicant the sum of $74,608.

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

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Bullivant & Holt [2012] FamCA 134
Case
[2012] FamCA 134
Decision Date

CaseChat Overview and Summary

This matter concerned proceedings brought under the *Domestic Relationships Act 1994* (ACT), with jurisdiction cross-vested from the Family Court. The applicant, Ms Bullivant, sought property settlement from the respondent, Mr Holt, following the breakdown of their domestic relationship. The central dispute revolved around whether a domestic relationship, as defined by the Act, had existed for the requisite two-year period, and consequently, whether the court had jurisdiction to make property orders.

The court was required to determine two primary legal issues. Firstly, whether a domestic relationship existed between the parties, particularly given they did not cohabit and the respondent alleged multiple relationships or periods of separation. Secondly, the court had to consider whether leave could be granted retrospectively to commence proceedings out of time, should the initial jurisdictional question be answered in the affirmative.

In addressing the existence of a domestic relationship, the court found that despite the parties not living together, their discussions of marriage, the applicant's assistance with renovations and home duties, and her relationship with the respondent's son, demonstrated a personal and financial commitment and support of material benefit. The court held that these factors established a domestic relationship. Furthermore, it determined that the relationship, even if punctuated by periods of separation, constituted a single relationship that endured for at least two years, thereby satisfying the jurisdictional requirement. The court also found no adjustment to contributions was warranted.

The court ordered that $72,193 of the proceeds of sale of a property be paid to the applicant, along with 37 per cent of any accumulated interest above that sum. Additionally, the respondent was ordered to pay the applicant a further sum of $74,608 within 42 days.

Orders

Orders of the court

1.

The parties shall forthwith do all acts and things and sign all necessary documents to cause:

(a) $72,193 of the proceeds of sale of the property known as … B Street, Suburb P in the Australian Capital Territory, held in trust by J Law Firm, to be paid forthwith to Ms Bullivant, born … October 1969 (“the applicant”); and

(b) To pay 37 per cent of any interest accumulated in respect of the said account over and above the figure of $72,193 to the applicant and to pay the balance to the respondent.

2.

Within 42 days, Mr Holt, born … January 1970 (“the respondent”) shall pay to the applicant the sum of $74,608.

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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