Ettridge & Somers

Case

[2017] FamCA 1173

15 September 2017


Details
AGLC Case Decision Date
Ettridge & Somers [2017] FamCA 1173 [2017] FamCA 1173 15 September 2017

CaseChat Overview and Summary

In the matter of *Ettridge & Somers*, heard by Thornton J of the Family Court of Australia, the applicant and respondent were in dispute regarding the existence and duration of a de facto relationship. The applicant sought declarations concerning the nature of their relationship, which the respondent contested.

The primary legal issue before the court was to determine whether a de facto relationship existed between the parties and, if so, for what period. This determination was crucial for the subsequent division of property and other financial matters under the *Family Law Act 1975* (Cth).

Thornton J applied the provisions of section 90RD of the *Family Law Act 1975* (Cth) to assess the criteria for establishing a de facto relationship. The court found that a de facto relationship subsisted between the applicant and respondent from January 2007 until 2 January 2015, with a brief exclusion of one month between January and February 2008.

Consequently, the court declared the existence and duration of the de facto relationship as specified. Paragraph 1 of the respondent’s Further Amended Response to Initiating Application was dismissed, and all other outstanding applications were adjourned for further directions to prepare the matter for trial.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Statutory Construction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

3

Ettridge and Somers (No. 4) [2018] FamCA 1042
Ettridge and Somers (No. 3) [2018] FamCA 943
Ettridge and Somers (No. 2) [2018] FamCA 863
Cases Cited

0

Statutory Material Cited

4