Capleman and Capleman

Case

[2018] FamCA 457

28 May 2018


Details
AGLC Case Decision Date
Capleman and Capleman [2018] FamCA 457 [2018] FamCA 457 28 May 2018

CaseChat Overview and Summary

In *Capleman and Capleman*, heard before Le Poer Trench J, the applicant and respondent were parties to proceedings concerning their relationship. The central dispute revolved around whether the parties had been in a de facto relationship during a specified period.

The court was required to determine whether the applicant and respondent were in a de facto relationship between early 2011 and August 2015. Additionally, the court considered whether its reasons for judgment should be referred to a relevant government official for investigation into the applicant's entitlement to government payments during that period.

Le Poer Trench J declared that the applicant and respondent were in a de facto relationship between early 2011 and August 2015. The court then listed the matter for a mention before the Docket Registrar to make directions for a conciliation conference and potential hearing. Furthermore, the court ordered that the applicant and respondent provide written submissions on whether the court should refer its reasons for judgment to a government official for an investigation into the applicant's entitlement to a pension or other government payments during the de facto relationship period. The determination on this referral was reserved.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Herford & Berke (No 2) [2019] FamCAFC 182
Herford & Berke (No 2) [2019] FamCAFC 182
Hayes v Marquis [2008] NSWCA 10