GAMMON & LOCKWOOD

[2015] FCCA 1300

FEDERAL CIRCUIT COURT OF AUSTRALIA

GAMMON & LOCKWOOD [2015] FCCA 1300

Catchwords:
FAMILY LAW – De-facto relationship – where applicant seeks a declaration pursuant to section 90RD that the relationship was “a de-facto relationship” – where parties in a relationship from September 2003 until September 2012 – consideration of the whole of the facets of their relationship – whether the parties were living together on a “genuine domestic basis” – onus of proof lies with the applicant – applicant establishes de-facto relationship.

Legislation:
Family Law Act 1975 (Cth) Part VIIIAB, ss.4AA, 90RD, 90SM, 90SF

Cases:
Allenby v Kimble [2012] 49 FamLR15
Betts v Sheriff [2012] FMCA Fam 617
Elwood v Fisher [2012] 48 FamLR 398
Fenton v Marvel [2013] 51 FamLR 142
Jonah v White [2011] FamCA 221
Jonah v White [2011] Fam CAFC 200 45 FamLR 460
Jonah v White [2012] 48 FamLR 562
Kazama v Britton [2013] 48 FamLR 664
Lee v Hutton [2013] 50 FamLR 322
Owens v Benson [2014] Fam CAFC 243
Sinclair & Whittaker [2013] Fam CAFC 129; (2013) FLC 93-551
Taisha v Peng [2012] 48 FamLR 150

Applicant: MS GAMMON

Respondent: MR LOCKWOOD

File Number: NCC 2038 of 2014

Judgment of: Judge Coakes

Date of Last Submission: 18 February 2015

Delivered at: Newcastle

Delivered on: 29 May 2015

REPRESENTATION

Counsel for the Applicant: Mr W Tregilgas

Solicitors for the Applicant: Braye Cragg Solicitors

Counsel for the Respondent: Mr A Mooney

Solicitors for the Respondent: Brennan Tipple Partners

ORDERS

1. That pursuant to section 90RD of the Family Law Act 1975 (Cth) the Court declares that the applicant MS GAMMON and the respondent MR LOCKWOOD were in a de-facto relationship which commenced in September 2003 and continued until September 2012 and the Court declares further that there was no child of the de-facto relationship and that the de-facto relationship took place in the State of New South Wales.

IT IS NOTED that publication of this judgment under the pseudonym Gammon & Lockwood is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE

NCC 2038 of 2014

MS GAMMON

Applicant

And

MR LOCKWOOD

Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings concern a preliminary issue of the nature of the relationship between the applicant and the respondent.

2. By her application filed in this Court on 11 August 2014 the applicant sought final orders as follows:

   i)That the respondent husband make full and frank disclosure as pursuant to the Family Law Rules 2004 as (sic).

   ii)That the applicant wife be granted leave to amend her application upon disclosure pursuant to order 1 above.

   iii)That the respondent husband pay to the applicant wife the sum of $135,000.00 within 42 days of the making of these orders.

3. In his response filed on 15 September 2014 the respondent sought the following orders by way of interim relief:

   i)A declaration under Section 90RD that a de facto relationship never existed between the parties or, in the alternative, if a de facto relationship is…