CHAM & SHA

Case

[2015] FamCA 355

15 May 2015


Details
AGLC Case Decision Date
CHAM & SHA [2015] FamCA 355 [2015] FamCA 355 15 May 2015

CaseChat Overview and Summary

In the matter of *Cham & Sha*, heard before Johnston J, the dispute concerned the existence of a de facto relationship between Ms Cham and Mr Sha. Ms Cham filed an Amended Initiating Application on 20 February 2014, asserting that she and Mr Sha were in a de facto relationship during the period from approximately mid-March 2012 until approximately September 2013. Mr Sha had filed a Response to Initiating Application on 25 March 2014, which Ms Cham sought to have dismissed.

The primary legal issue before the Court was whether it possessed jurisdiction to determine Ms Cham's application. This jurisdiction was contingent upon the Court finding that Ms Cham and Mr Sha were indeed in a de facto relationship within the specified timeframe, as defined by the relevant legislation. Mr Sha's response sought to challenge this jurisdictional basis.

Johnston J determined that the Court had jurisdiction to hear Ms Cham's application. This conclusion was based on the finding that Ms Cham and Mr Sha were in a de facto relationship during the period from approximately mid-March 2012 until approximately September 2013. Consequently, the Court ordered that paragraph 1 of Mr Sha's Response to Initiating Application be dismissed. The proceedings were then adjourned, with both parties granted leave to relist the matter for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Jones & Michetti [2022] FedCFamC1F 771
Cases Cited

6

Statutory Material Cited

3

Ricci & Jones [2011] FamCAFC 222
Jonah & White [2011] FamCA 221
Hayes v Marquis [2008] NSWCA 10