CREESE & LAPTHORNE

Case

[2015] FamCA 98

13 January 2015


Details
AGLC Case Decision Date
CREESE & LAPTHORNE [2015] FamCA 98 [2015] FamCA 98 13 January 2015

CaseChat Overview and Summary

In *Creese & Lapthorne*, Benjamin J of the Family Court of Australia considered proceedings concerning a declaration as to a de facto relationship. The specific nature of the dispute between the parties, Creese and Lapthorne, is not detailed beyond the need for a declaration regarding their de facto relationship status.

The primary legal issue before the court was the jurisdiction to make a declaration as to the de facto relationship. This involved determining whether the court had the authority to hear and determine the application for such a declaration.

Benjamin J ordered that the proceedings be transferred to the Sydney Registry of the Family Court of Australia and that the hearing of the declaration as to the de facto relationship be expedited. Directions were given for a directions hearing before a Registrar in Sydney, with specific timelines set for the filing and service of affidavits relating to the jurisdictional argument and the de facto relationship issues.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Discovery

  • Procedural Fairness

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Norton & Locke [2013] FamCAFC 202