FAMILY COURT OF AUSTRALIA
| DAHL & HAMBLIN | [2011] FamCAFC 202 |
| FAMILY LAW – APPEAL – De facto relationship – whether the Federal Magistrate erred in making a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) that a de facto relationship of at least two years existed between the parties – whether the Federal Magistrate erred in determining that two periods during which parties agreed they had been in a de facto relationship could be aggregated for the purpose of determining the two year period necessary to enable orders for the alteration of property interests to be made – where the Full Court considered whether the use of the word “periods” in s 90RD(2) and s 90SB(a) of the Family Law Act 1975 (Cth) meant that where there had been a breakdown in a relationship, the periods could be aggregated so that there was only one relationship between the parties – where the Full Court considered whether a period of the relationship which ended prior to the commencement of Part VIIIAB of the Family Law Act 1975 (Cth) could be included in the aggregation of the periods for the purpose of establishing the two year period – no appealable error established – appeal dismissed. FAMILY LAW – COSTS – no order for costs in relation to the appeal. |
| Family Law Act 1975 (Cth): s 90RD, s 90SB Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 |
| Delany v Burgess (2008) DFC 95-412 Pearce & Geddes, Statutory Interpretation in Australia, 7th ed, LexisNexis Butterworths, Australia, 2011 |
| APPELLANT: | Ms Dahl |
| RESPONDENT: | Ms Hamblin |
| FILE NUMBER: | LEC | 108 | of | 2010 |
| APPEAL NUMBER: | NA | 67 | of | 2010 |
| DATE DELIVERED: | 13 October 2011 |
| PLACE DELIVERED: | Canberra |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Finn, Coleman and Austin JJ |
| HEARING DATE: | 8 August 2011 |
| LOWER COURT JURISDICTION: | Federal Magistrates Court |
| LOWER COURT JUDGMENT DATE: | 24 May 2010 |
| LOWER COURT MNC: | [2010] FMCAfam 514 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Gordon |
| SOLICITOR FOR THE APPELLANT: | BL Crane & Associates |
| COUNSEL FOR THE RESPONDENT: | Ms McDiarmid |
| SOLICITOR FOR THE RESPONDENT: | GJ Legal Solicitors |
Orders
The appeal against the order made by Federal Magistrate Demack on 24 May 2010 be dismissed.
There be no order for costs in relation to the appeal.
IT IS NOTED that publication of this judgment under the pseudonym Dahl & Hamblin is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE |
Appeal Number: NA 67 of 2010
File Number: LEC 108 of 2010
| Ms Dahl |
Appellant
And
| Ms Hamblin |
Respondent
REASONS FOR JUDGMENT
This is an appeal by Ms Dahl against a declaration made pursuant to s 90RD of the Family…
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- AGLC
- Dahl & Hamblin [2011] FamCAFC 202
- Case
- [2011] FamCAFC 202
- Decision Date
CaseChat Overview and Summary
The legal issues before the Full Court were twofold. Firstly, the Court was asked to determine whether the use of the word "periods" in sections 90RD(2) and 90SB(a) of the Family Law Act 1975 (Cth) meant that where there had been a breakdown in a relationship, the periods could be aggregated so that there was only one relationship between the parties. Secondly, the Court was asked to consider whether a period of the relationship which ended prior to the commencement of Part VIIIAB of the Family Law Act 1975 (Cth) could be included in the aggregation of the periods for the purpose of establishing the two-year period. The Full Court found that the Federal Magistrate had not erred in making the declaration and that there was no appealable error in the decision. The Court held that the use of the word "periods" in the relevant sections of the Family Law Act 1975 (Cth) did not mean that periods could be aggregated where there had been a breakdown in the relationship. Furthermore, the Court found that a period of the relationship which ended prior to the commencement of Part VIIIAB of the Family Law Act 1975 (Cth) could not be included in the aggregation of the periods for the purpose of establishing the two-year period.
The appeal was dismissed, and there was no order for costs in relation to the appeal. The Full Court held that the Federal Magistrate had not erred in making the declaration that the parties had been in a de facto relationship for a period of at least two years. The Court found that the use of the word "periods" in sections 90RD(2) and 90SB(a) of the Family Law Act 1975 (Cth) did not mean that periods could be aggregated where there had been a breakdown in the relationship. Furthermore, the Court found that a period of the relationship which ended prior to the commencement of Part VIIIAB of the Family Law Act 1975 (Cth) could not be included in the aggregation of the periods for the purpose of establishing the two-year period. As such, the appeal was dismissed, and there was no order for costs in relation to the appeal.
Orders
Orders of the court
1.
The appeal against the order made by Federal Magistrate Demack on 24 May 2010 be dismissed.
2.
There be no order for costs in relation to the appeal.
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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