Dakin v Sansbury

Case [2010] FMCAfam 628

FEDERAL MAGISTRATES COURT OF AUSTRALIA

DAKIN & SANSBURY [2010] FMCAfam 628
FAMILY LAW – Application for declaration of “de facto relationship” pursuant to section 90RD of the Family Law Act 1975 – Consideration of what is a de facto relationship under section 4AA of the Family Law Act 1975.
Acts Interpretation Act 1901
Migration Act 1958
Bankruptcy Act 1966
Family Law Act 1975, ss.4AA, 90RD, 90SM
New South Wales Property (Relationships) Act 1984
Parliamentary Entitlements Act 1990
Social Security Act 1991
Prohibition Of Human Cloning For Reproduction Act 2002
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008
Roy v Sturgeon (1986) 11 NSWLR 545
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
Moby & Schulter [2009] FamCA 1285
Baker & Landon [2010] FMCAfam 280
Pike & Howlett [2010] FMCAfam 802
Applicant: MS DAKIN
Respondent: MR SANSBURY
File Number: MLC 3048 of 2010
Judgment of: Bender FM
Hearing dates: 15 & 16 June 2010
Date of Last Submission: 16 June 2010
Delivered at: Melbourne
Delivered on: 13 August 2010

REPRESENTATION

Counsel for the Applicant: In person
Solicitors for the Applicant: In person
Counsel for the Respondent: Mr Ambrose
Solicitors for the Respondent: Cahill & Rowe Family Law

ORDERS

  1. It is declared pursuant to section 90RD of the Family Law Act 1975 for the purposes of an order under section 90SM of the Family Law Act 1975, that the applicant and respondent were in a de facto relationship which commenced in April 2003 and concluded on 11 December 2009.

IT IS NOTED that publication of this judgment under the pseudonym Dakin & Sansbury is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT Melbourne

MLC3048 of 2010

MS DAKIN

Applicant

And

MR SANSBURY

Respondent

REASONS FOR JUDGMENT

Introduction

  1. The applicant in this matter filed an Initiating Application seeking final property orders.  She alleged that she and the respondent had been in a de facto relationship as defined by the Family Law Act 1975 from November 2002 to 17 January 2010.

  2. The respondent denies the parties have been in a de facto relationship since November 2002.  He says that whilst they were in a relationship from 2002 this relationship was a “de facto relationship” as defined by the Family Law Act 1975 between May and December 2009 only.

  3. In the Response filed by the respondent, he sought a declaration pursuant to section 90RD of the Family Law Act 1975 that the parties had been in a de facto relationship from 23 May 2009 to


    11 December 2009 only and that such period was for less than two years as required by section 90SB(a) of the Family Law Act 1975.

  4. Further the respondent sought a declaration that the applicant did not make substantial contributions as is set out under sections 90SM(4)(a),(b) and (c) of the Family Law Act 1975 and that, if such contributions were found to have been made, a failure to make the…

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AGLC
Dakin v Sansbury [2010] FMCAfam 628
Case
[2010] FMCAfam 628
Decision Date

CaseChat Overview and Summary

The case of Dakin v Sansbury involved the applicant, Dakin, seeking a declaration that they were in a de facto relationship with the respondent, Sansbury, under section 90RD of the Family Law Act 1975. The application was made for the purposes of obtaining an order under section 90SM of the same Act. The primary issue was whether the relationship between the parties met the criteria for a de facto relationship as defined by section 4AA of the Family Law Act 1975.

The court examined the nature and duration of the relationship, the degree of financial and emotional interdependence, and the extent to which the couple shared a genuine domestic life together. It considered evidence of cohabitation, the ownership of property, shared responsibilities, and other factors indicative of a de facto relationship. The court noted that the relationship began in April 2003 and concluded on 11 December 2009. In making its determination, the court took into account the overall circumstances and the specific factors outlined in the legislation.

The court found that the relationship did meet the criteria for a de facto relationship under section 4AA of the Family Law Act 1975. The evidence demonstrated a significant level of interdependence and shared domestic life, including cohabitation, joint financial arrangements, and shared responsibilities. Consequently, the court declared that the applicant and respondent were in a de facto relationship for the purposes of section 90RD of the Family Law Act 1975.

The final orders of the court declared that the applicant and respondent were in a de facto relationship that commenced in April 2003 and concluded on 11 December 2009. This declaration allows the applicant to proceed with any further applications under the Family Law Act 1975 as if the relationship were a legally recognised marriage.

Orders

Orders of the court

1.

It is declared pursuant to section 90RD of the Family Law Act 1975 for the purposes of an order under section 90SM of the Family Law Act 1975, that the applicant and respondent were in a de facto relationship which commenced in April 2003 and concluded on 11 December 2009.

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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