Federal Circuit and Family Court of Australia
(DIVISION 2)
Denys & Kellett [2022] FedCFamC2F 971
File number(s): MLC 4967 of 2021 Judgment of: JUDGE HARLAND Date of judgment: 25 July 2022 Catchwords: FAMILY LAW – threshold hearing – whether or not the parties were in a de facto relationship – case turns on its facts Legislation: Family Law Act 1975 (Cth) ss 4AAA, 90RD
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth)
Cases cited: Fairburn and Radecki [2022] HCA 18
Jonah & White [2011] FamCA 221
Sinclair v Whittaker (2013) FLC 93-550
Malek, H, Phipson on Evidence (Thomson Reuters, 19th edition, 2018)
Division: Division 2 Family Law Number of paragraphs: 89 Date of hearing: 29 June, 30 June 2022 and 1 July 2022 Place: Melbourne Counsel for the Applicant: Mr Staindl Counsel for the Respondent: In person Solicitor for the Applicant: Clancy and Triado ORDERS
MLC 4967 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS DENYS
Applicant
AND: MR KELLETT
Respondent
order made by:
JUDGE HARLAND
DATE OF ORDER:
25 July 2022
tHE COURT DECLARES THAT:
1.The parties were not in a de facto relationship pursuant to s 90RD of the Family Law Act 1975.
AND THE COURT ORDERS THAT:
2.The initiating application filed on 4 May 2021 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Denys & Kellett has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE HARLAND:
The parties met via an online dating app in 2012. They met in person in late 2012. Ms Denys lived in Mr Kellett’s property from mid-2015 to mid-2020. These matters are agreed. The dispute centres on the nature of the parties’ relationship. The sole issue for determination at this threshold hearing is whether or not the parties were in a de facto relationship. I will refer to the applicant as Ms Denys and the respondent as Mr Kellett. I intend no disrespect to the parties and do this to make the reasons easier to read.
Ms Denys says they were in a de facto relationship for 7.5 years. Ms Denys did not particularise her claim for property adjustment orders. Her first affidavit addressed issues relevant to those matters as she was not aware…
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