Hankinson & De Vries & Ors

[2013] FamCA 455

FAMILY COURT OF AUSTRALIA

HANKINSON & DE VRIES AND ORS [2013] FamCA 455

FAMILY LAW – PROPERTY – Practice and Procedure – Amendment to Initiating Application resulting in the joinder of Second and Third Respondents  – Where the First Respondent seeks Second and Third Respondents be removed as parties – Where the Second and Third Respondents are not persons whose participation “as a party” is necessary

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

Wayne & Dillon and Anor (2008) FamCAFC 204

APPLICANT: Ms Hankinson

FIRST RESPONDENT: Mr A De Vries

SECOND RESPONDENT: Mr B De Vries

THIRD RESPONDENT: Mr C De Vries

FILE NUMBER: BRC 6542 of 2011

DATE DELIVERED: 12 June 2013

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 03 June 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Zande Law

COUNSEL FOR THE FIRST RESPONDENT: Mr Hamwood

SOLICITOR FOR THE FIRST RESPONDENT: Charles Cooper Lawyers

FOR THE SECOND RESPONDENT:  No appearance

FOR THE THIRD RESPONDENT:  No appearance

Orders

IT IS ORDERED

1. That the Second Respondent and the Third Respondent each be removed as a party to these proceedings.

2. That within fourteen (14) days, the Applicant file and serve points of claim particularising each and every matter of fact the Applicant relies upon in support of the declaration sought in paragraph 2 of her amended initiating application.

3. Within 14 days thereafter, the First Respondent file and serve points of defence particularising each and every matter of fact the First Respondent relies upon in defence of that claim.

IT IS FURTHER ORDERED

1. That the costs of and incidental to this application be reserved to the trial judge. 

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 6542 of 2011

Ms Hankinson

Applicant

And

Mr A De Vries

First Respondent

And

Mr B De Vries

Second Respondent

And

Mr C De Vries

Third Respondent

REASONS FOR JUDGMENT

1. The substantive proceedings are for alteration of property interests pursuant to Part VIIIAB of the Family Law Act 1975 (Cth) (“the Act”). The Applicant, Ms Hankinson, born in 1967 is 46 years of age. The First Respondent, Mr A De Vries was born in 1958 and is 54 years of age. The existence of a de facto relationship within the meaning of Part VIII AB is disputed by the First Respondent. He seeks a declaration that a de facto relationship never existed.

2. By his response filed on 26 September 2011, the First Respondent seeks orders in the substantive proceedings for declarations to the effect that a de facto relationship never existed or, alternatively, did not exist for a period in excess of two years as required by Part VIIIAB.  In the alternative, he seeks findings to the effect that the applicant in the substantive proceedings did not make substantial…