Capleman and Capleman
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
Capleman and Capleman [2018] FamCA 457
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