FAMILY COURT OF AUSTRALIA
| CADMAN & HALLETT | [2013] FamCA 819 |
| FAMILY LAW – DE FACTO RELATIONSHIP – Declaration sought pursuant to s 90RD of the Family Law Act 1975 (Cth) that a de facto relationship existed for the purposes of property settlement proceedings – Whether or not the parties continued to live in a de facto relationship for all or part of the period from January 2000 until October 2010 – Where one of the issues to be determined was when the relationship came to an end or “broke down” – Where in the circumstances of the case, it was not clear when one party formed the intention to end the relationship – Where there was no evidence that one party had either formed the intention or acted upon it before 1 March 2009 which is the relevant date for the accrual of jurisdiction – The Court found and declared that a de facto relationship existed between the parties. |
| Family Law Act 1975 (Cth) |
Evidence Act 1995 (Cth)
Dahl & Hamblin (2011) FLC 93-480
Falk & Falk (1977) FLC 90-247
Hibberson v George (1989) 12 Fam LR 725
Howland v Ellis (2001) 28 Fam LR 656
In the marriage of S and T Batty (1986) 10 Fam LR 688
Pavey & Pavey (1976) FLC 90-051
Price & Underwood [2008] FamCAFC 46
S v B (No. 2) (2004) 32 Fam LR 429
Todd & Todd (No 2) (1976) FLC 90-008
| APPLICANT: | Mr Cadman |
| RESPONDENT: | Mr Hallett |
| FILE NUMBER: | SYC | 4542 | of | 2012 |
| DATE DELIVERED: | 18 October 2013 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Rees J |
| HEARING DATE: | 16 and 17 September 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Johnston |
| SOLICITOR FOR THE APPLICANT: | Harris & Company Solicitors and Notaries |
| COUNSEL FOR THE RESPONDENT: | Ms Obrart |
| SOLICITOR FOR THE RESPONDENT: | G & D Lawyers |
Orders
IT IS ORDERED
That the application for summary dismissal filed on 19 December 2012 is dismissed.
That pursuant to s 90RD of the Family Law Act1975 (Cth) it is declared that, as at 1 March 2009, a de facto relationship existed between Mr Hallett and Mr Cadman.
That the matter be listed for directions on 13 December 2013 at 10 am in relation to the application for adjustment of property interests before the Honourable Justice Rees.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Cadman & Hallett has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 4542 of 2012
| Mr Cadman |
Applicant
And
| Mr Hallett |
Respondent
REASONS FOR JUDGMENT
The substantive proceedings before the Court arise out of a de facto relationship between Mr Hallett who is the applicant and is 47 years old and Mr Cadman who is the respondent and is currently 70 years old. Mr Cadman, by his Case Guardian Ms C, who is his sister, has brought an application for summary dismissal of the application…
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- AGLC
- Cadman & Hallett [2013] FamCA 819
- Case
- [2013] FamCA 819
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether, pursuant to section 90RD of the *Family Law Act 1975* (Cth), a de facto relationship existed between Mr Cadman and Mr Hallett as at 1 March 2009. This determination was crucial for the subsequent consideration of an application for adjustment of property interests.
Rees J considered the evidence presented and, applying the principles relevant to establishing a de facto relationship under the *Family Law Act*, declared that a de facto relationship did exist between Mr Cadman and Mr Hallett as at 1 March 2009. The court also dismissed the application for summary dismissal. The matter was subsequently listed for directions regarding the property adjustment proceedings.
Orders
Orders of the court
IT IS ORDERED
1.
That the application for summary dismissal filed on 19 December 2012 is dismissed.
2.
That pursuant to s 90RD of the Family Law Act 1975 (Cth) it is declared that, as at 1 March 2009, a de facto relationship existed between Mr Hallett and Mr Cadman.
3.
That the matter be listed for directions on 13 December 2013 at 10 am in relation to the application for adjustment of property interests before the Honourable Justice Rees.
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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