Ettridge & Somers
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Statutory Construction
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Remedies
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Citations
Ettridge & Somers [2017] FamCA 1173
Most Recent Citation
Ettridge and Somers (No. 3) [2018] FamCA 943
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