DOBSON & SEABROOK

Case [2015] FCCA 1503

FEDERAL CIRCUIT COURT OF AUSTRALIA

DOBSON & SEABROOK [2015] FCCA 1503

Catchwords:

FAMILY LAW – Application for declarations pursuant to s.90RD of the Family Law Act – whether parties were in a de facto relationship – when de facto relationship ceased – whether de facto relationship finally broke down before
1 March, 2009 – where de facto relationship did not finally breakdown before
1 March, 2009.

Legislation:

Family Law Act 1975, ss.4AA, 4AA(b), 4AA(1), 4AA(1)(a), 4AA(1)(b), 4AA(1)(c), 4AA(2), 4AA(3), 90RD
Actors & Announcers Equity Association v Fontana Films Pty Ltd (1982) 150 CLR 169
Aitken v Deakin [2010] FMCAfam 35
Cadman & Hallett [2013] FamCA 819
Cadman & Hallett [2014] FamCAFC 142
Clisbey & Vas [2011] FamCA 611
Dabney & Laird [2013] FCCA 214
Fenton & Marvel [2013] FamCAFC 132
Harrell & Nesland [2014] FCCA 1921
Hibberson v George (1989) 12 FamLR 725
Jonah v White (2011) 45 Fam LR 460
Kelly & Temple [2011] FMCAfam 683
Mason & Hammett [2011] FMCAfam 1004
McGee & Kerr [2013] FCCA 402
S & B [2005] 1 Qd R 537
Taisha & Peng& Anor (2012) 48 Fam LR 150
Vaughan & Bele [2011] FamCA 436
Volen & Backstrom [2013] FamCA 40
Applicant: MS DOBSON
Respondent: MR SEABROOK
File Number: BRC 1587 of 2014
Judgment of: Judge Jarrett
Hearing date: 11 August 2014
Date of Last Submission: 11 August 2014
Delivered at: Brisbane
Delivered on: 5 June 2015

REPRESENTATION

Counsel for the Applicant: Mr Hackett
Solicitors for the Applicant: Evans & Company
Counsel for the Respondent: Mr Locke
Solicitors for the Respondent: A E Dunne Solicitors

ORDERS

THE COURT DECLARES:

  1. Pursuant to ss.90RD(1) and (2) of the Family Law Act 1975, that:

    (a)a de facto relationship existed between the parties;

    (b)such relationship commenced in September, 1983; and

    (c)such relationship did not finally breakdown before 1 March, 2009.

  2. The proceedings be listed for further directions on 2 July 2015 at 9.30 a.m. in the Federal Circuit Court of Australia sitting at Brisbane.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 1587 of 2014

MS DOBSON

Applicant

And

MR SEABROOK

Respondent

REASONS FOR JUDGMENT

  1. Ms Dobson filed an application for property adjustment orders on 21 February, 2014.  She contends that she and Mr Seabrook were in a de facto relationship from when they commenced living together in (omitted) 1983 until she determined to end it in February, 2014.

  2. Whilst Mr Seabrook does not deny that the parties commenced a de facto relationship in (omitted) 1983, by his response filed on 15 May, 2014, he seeks a declaration that the parties’ de facto relationship ended in 2004.  Consequently, he seeks that the application be dismissed on the basis that the parties’ de facto relationship ceased before 1 March, 2009 and therefore this Court has no jurisdiction to determine the application.

  3. On 19 May, 2014 the Court ordered that…

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Dobson and Seabrook [2015] FCCA 1503
Case
[2015] FCCA 1503
Decision Date

CaseChat Overview and Summary

In this matter before Judge Jarrett of the Federal Circuit Court of Australia, the parties sought declarations pursuant to section 90RD of the *Family Law Act 1975* (Cth) concerning the existence and duration of a de facto relationship. The central dispute revolved around whether a de facto relationship had existed between the parties and, crucially, whether that relationship had finally broken down before 1 March 2009.

The court was required to determine two primary legal issues: firstly, whether the parties were in a de facto relationship as defined by the Act, and secondly, if so, the date upon which that de facto relationship finally ceased. The significance of the 1 March 2009 date stemmed from the transitional provisions of the *Family Law Act 1975* regarding de facto relationships.

Judge Jarrett found that a de facto relationship did indeed exist between the parties, commencing in September 1983. Critically, the court determined that this de facto relationship did not finally break down before 1 March 2009. Consequently, the court declared that a de facto relationship existed between the parties, that it commenced in September 1983, and that it did not finally break down before 1 March 2009. The proceedings were then listed for further directions.

Orders

Orders of the court

THE COURT DECLARES:

1.

Pursuant to ss.90RD(1) and (2) of the Family Law Act 1975, that:

(a) a de facto relationship existed between the parties;

(b) such relationship commenced in September, 1983; and

(c) such relationship did not finally breakdown before 1 March, 2009.

2.

The proceedings be listed for further directions on 2 July 2015 at 9.30 a.m. in the Federal Circuit Court of Australia sitting at Brisbane.

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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