Ettridge & Somers

[2017] FamCA 1173

FAMILY COURT OF AUSTRALIA

ETTRIDGE & SOMERS [2017] FamCA 1173

FAMILY LAW – DE FACTO RELATIONSHIPS – where the applicant seeks a declaration pursuant to section 90RD of the Family Law Act 1975 (Cth) – where the applicant alleges the parties were in a de facto relationship for 8 years – where the respondent denies the existence of a de facto relationship – declaration made that a de facto relationship existed between the applicant and the respondent for the period from January 2007 until 2 January 2015.

Family Law Act 1975 (Cth) ss 4AA, 90RD, 90SM Evidence Act 1995 (Cth) ss 128, 140
APPLICANT:	Ms Ettridge

RESPONDENT: Mr Somers

FILE NUMBER: MLC 11262 of 2015

DATE DELIVERED: 15 September 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Thornton J

HEARING DATE: 29, 30 & 31 May and 1 & 2 June 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Sweeney

SOLICITOR FOR THE APPLICANT: Carew Counsel

THE RESPONDENT: In person

Orders

1. That pursuant to s 90RD of the Family Law Act 1975 (Cth) it is declared that a de facto relationship existed between the applicant and the respondent for the period from January 2007 until 2 January 2015 with the exception of one month between January and February 2008.

2. That paragraph 1 of the respondent’s Further Amended Response to Initiating Application filed 7 December 2016 be dismissed.

3. That all extant applications be adjourned to the Docket Registrar for the making of all orders and directions to prepare the matter for trial.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ettridge & Somers has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 11262 of 2015

Ms Ettridge

Applicant

And

Mr Somers

Respondent

REASONS FOR JUDGMENT

Introduction

1. The applicant brings an Application pursuant to s 90RD of the Family Law Act 1975 (Cth) (“the Act”) seeking a declaration that the parties were in a de facto relationship as defined by s 4AA of the Act from January 2007 until 2 January 2015. She also seeks that the respondent’s Response be dismissed.

2. The respondent denies that the parties were ever in a de facto relationship.  He seeks a declaration that a de facto relationship did not exist between the parties from January 2007 until 2 January 2015 and that the Application for a declaration be dismissed.

3. The trial was confined to the threshold issue as to whether the parties were in a de facto relationship between January 2007 and 2 January 2015. If…