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 |
| Jonah & White [2011] FamCA 221 |
| 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
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
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.
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
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…
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- Crowley & Pappas [2013] FamCA 783
- Case
- [2013] FamCA 783
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the parties had been in a de facto relationship as defined by the *Family Law Act 1975* (Cth). This required the court to consider the specific criteria and evidence presented to establish the nature and duration of their cohabitation and interdependence.
Tree J applied the provisions of section 90RD of the *Family Law Act 1975* (Cth) to determine the existence of the de facto relationship. The court found that the evidence supported the existence of a de facto relationship between the parties from March 1987 until 15 January 2011. Consequently, the court declared that a de facto relationship, as defined in section 4AA of the Act, existed between the parties during that period.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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