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.
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
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
CHAM & SHA [2015] FamCA 355
Most Recent Citation
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