FAIRBAIRN & RADECKI

Case

[2020] FCCA 1556

15 June 2020


Details
AGLC Case Decision Date
FAIRBAIRN & RADECKI [2020] FCCA 1556 [2020] FCCA 1556 15 June 2020

CaseChat Overview and Summary

In the matter of *Fairbairn & Radecki*, heard before Judge Betts of the Federal Circuit and Family Court of Australia, the dispute concerned the breakdown of a de facto relationship. The court was asked to determine the date upon which the de facto relationship between the parties had ended.

The central legal issue before the court was to ascertain the precise date of the breakdown of the de facto relationship, a determination crucial for the application of certain provisions within the *Family Law Act 1975* (Cth), specifically section 90RD.

Judge Betts applied the principles governing the determination of the end of a de facto relationship, considering the evidence presented by the parties regarding their conduct and interactions. The court concluded that the de facto relationship between the parties had broken down by no later than 25 May 2018. The court also reserved the wife's costs and adjourned the proceedings for further directions.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Costs

  • Jurisdiction

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

3

Fairbairn v Radecki [2022] HCA 18
Fairbairn v Radecki [2022] HCA 18
Beltran & Preston [2023] FedCFamC2F 514
Cases Cited

8

Statutory Material Cited

2

Jonah & White [2011] FamCA 221
Herford & Berke (No 2) [2019] FamCAFC 182
Herford & Berke (No 2) [2019] FamCAFC 182