ELDEN & JACOBS
Case
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[2020] FCCA 2252
•13 August 2020
Details
AGLC
Case
Decision Date
ELDEN & JACOBS [2020] FCCA 2252
[2020] FCCA 2252
13 August 2020
CaseChat Overview and Summary
In the matter of Elden & Jacobs, heard by Judge Tonkin, the dispute concerned declarations sought under section 90RD of the *Family Law Act 1975* (Cth) regarding the existence and duration of a de facto relationship between Ms Elden and Mr Jacobs.
The court was required to determine whether a de facto relationship existed between the parties, and if so, for what period. Specifically, the court needed to ascertain the precise commencement and cessation dates of any de facto relationship, considering periods of separation within the overall timeframe.
Judge Tonkin declared that a de facto relationship existed between Ms Elden and Mr Jacobs between 2006 and July 2009, with the exception of a six-month period in 2007 and a few months from December 2008. The court further declared that the parties' de facto relationship extended for approximately three years within this overall period. Crucially, it was declared that no de facto relationship existed between the parties in 2010 and thereafter. The application for leave to extend time to commence property proceedings was subsequently listed for mention.
The court was required to determine whether a de facto relationship existed between the parties, and if so, for what period. Specifically, the court needed to ascertain the precise commencement and cessation dates of any de facto relationship, considering periods of separation within the overall timeframe.
Judge Tonkin declared that a de facto relationship existed between Ms Elden and Mr Jacobs between 2006 and July 2009, with the exception of a six-month period in 2007 and a few months from December 2008. The court further declared that the parties' de facto relationship extended for approximately three years within this overall period. Crucially, it was declared that no de facto relationship existed between the parties in 2010 and thereafter. The application for leave to extend time to commence property proceedings was subsequently listed for mention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Limitation Periods
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Procedural Fairness
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Citations
ELDEN & JACOBS [2020] FCCA 2252
Most Recent Citation
ELDEN & JACOBS (No.2) [2020] FCCA 2870
Cases Cited
5
Statutory Material Cited
3
Cadman & Hallett
[2013] FamCA 819
Price & Underwood
[2008] FamCAFC 46
Aitken & Deakin
[2010] FMCAfam 35