FAMILY COURT OF AUSTRALIA
| CADMAN & HALLETT | [2014] FamCAFC 142 |
| FAMILY LAW – APPEAL – DE FACTO RELATIONSHIP – Where the trial judge declared that a de facto relationship existed between the parties – Where an application for summary dismissal of the application was before the trial judge - Where the issue before the trial judge was when the de facto relationship ended – Where the appellant submitted that the trial judge had erred finding that the relationship ended in mid-2010 – Where the ground of appeal misstates the trial judge’s finding – Where no error demonstrated – Where the appellant relied on a single factor in the determination of whether a de facto relationship existed pursuant to s 4AA of the Family Law Act 1975 (Cth) – Where the trial judge referred to the circumstances and gave appropriate weight to those circumstances – Where it was further submitted that the respondent, in attempting to arrange a “sham” marriage for the purposes of staying overseas, should compel a finding that an intention had been conveyed to the appellant to end the relationship – Where this would not necessarily be inconsistent with a de facto relationship continuing - Where no error demonstrated – Appeal dismissed. FAMILY LAW – APPEAL – COSTS – Where the appeal was wholly unsuccessful – Where the appellant sought an order for costs - Where a costs order was not opposed by the respondent – Costs order made in favour of the respondent. |
| Family Law Act 1975 (Cth) ss 4AA, 44(5), 90RD |
| Jonah v White (2011) 45 Fam LR 460 Jonah v White (2012) FLC 93-522 Lynam v Director-General of Social Security (1983) 52 ALR 128 Sinclair & Whittaker (2013) FLC 93-551 |
| APPELLANT: | Mr Cadman by his Case Guardian Ms C |
| RESPONDENT: | Mr Hallett |
| FILE NUMBER: | SYC | 4542 | of | 2012 |
| APPEAL NUMBER: | EA | 167 | of | 2013 |
| DATE DELIVERED: | 11 August 2014 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Strickland, Ainslie-Wallace & Aldridge JJ |
| HEARING DATE: | 19 June 2014 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 18 October 2013 |
| LOWER COURT MNC: | [2013] FamCA 819 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Thomas |
| SOLICITOR FOR THE APPELLANT: | Harris & Co |
| COUNSEL FOR THE RESPONDENT: | Ms Obrart |
| SOLICITOR FOR THE RESPONDENT: | G & D Lawyers |
Orders
The appeal be dismissed.
The appellant pay the respondent’s costs of and incidental to the appeal as agreed and in default of agreement, as assessed.
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).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 167 of 2013
File Number: SYC 4542 of 2012
| Mr Cadman by his Case Guardian Ms C |
Appellant
and
| Mr Hallett |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
Mr Cadman by his Case Guardian, appeals against Orders made by Rees J given on 18 October 2013 in…
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- Cadman & Hallett [2014] FamCAFC 142
- Case
- [2014] FamCAFC 142
- Decision Date
CaseChat Overview and Summary
The court dismissed the appeal and noted that the appeal was wholly unsuccessful. The appellant sought an order for costs, but a costs order was not opposed by the respondent. Consequently, the court made an order for costs in favour of the respondent.
The final orders of the court were as follows: the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal as agreed, or, in default of agreement, as assessed.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
The appellant pay the respondent’s costs of and incidental to the appeal as agreed and in default of agreement, as assessed.
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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