Crowley & Pappas

[2013] FamCA 783

FAMILY COURT OF AUSTRALIA

CROWLEY & PAPPAS [2013] FamCA 783

FAMILY LAW – De facto relationship – where applicant seeks declaration pursuant to s.90RD that the relationship was a “de facto” relationship – where parties in de facto relationship for 18 years – where parties separated in 2006 – whether relationship thereafter resumed in 2006 – whether parties in a relationship as a couple living together on genuine domestic basis – parties’ relationship was a “de facto” relationship”.

Family Law Act 1975 (Cth) s 4AA, s 90RD

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APPLICANT: Mr Crowley

RESPONDENT: Mr Pappas

FILE NUMBER: TVC 1044 of 2011

DATE DELIVERED: 11 October 2013

PLACE DELIVERED: Brisbane

PLACE HEARD: Townsville

JUDGMENT OF: Tree J

HEARING DATE: 27 and 28 June 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Keegan

SOLICITOR FOR THE APPLICANT: Ross Lawyers

THE RESPONDENT: In Person

Orders

1. Pursuant to s 90RD of the Family Law Act 1975 (Cth) it is declared that a de facto relationship (as defined in s 4AA of the Act) existed between the parties between March 1987 and 15 January 2011.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Crowley & Pappas has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: TVC1044/2011

Mr Crowley
Applicant

And

Mr Pappas

Respondent

REASONS FOR JUDGMENT

introduction

The Orders sought

1. By his Amended Initiating Application filed 1 December 2011, the applicant sought a declaration under section 90 RD of the Family Law Act 1975 that at a de facto relationship existed between himself and the respondent for the period between March 1987 and 15 January 2011, or such other period as the court deems appropriate. He also sought a division of the property of the parties to that relationship. In his Response filed 16 November 2011, the respondent sought a declaration that the de facto relationship existed between the parties for the period from March 1987 until approximately the end of 2005.

2. If the respondent’s contention is correct, and the relationship concluded at the end of 2005, then this court would be without jurisdiction to make any division of the property of the parties to the relationship. In view of that, on 24 June 2013 I ordered that the competing applications for declaratory relief be tried before all other matters in the proceedings. This is the judgment and reasons in relation to the trial of that preliminary matter.

The issues

1. The parties are not in dispute that they were in a de facto relationship from March 1987 until the end of 2005. It was common ground that either at the end of 2005, or early in 2006, the respondent moved from T to…