Cadman & Hallett

Case

[2013] FamCA 819

18 October 2013


Details
AGLC Case Decision Date
Cadman & Hallett [2013] FamCA 819 [2013] FamCA 819 18 October 2013

CaseChat Overview and Summary

In the matter of *Cadman & Hallett*, heard before Rees J, the dispute concerned the existence of a de facto relationship between Mr Cadman and Mr Hallett. The application before the court sought, among other things, a declaration that a de facto relationship existed between the parties as at 1 March 2009, and the dismissal of an application for summary dismissal filed by one of the parties.

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Summary Judgment

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

7

MULLAN & WORRELL [2016] FamCA 943
ELDEN & JACOBS [2020] FCCA 2252
FAIRBAIRN & RADECKI [2020] FCCA 1556
Cases Cited

1

Statutory Material Cited

0

Price & Underwood [2008] FamCAFC 46