Hayes & Eddington (No 3)

Ms Hayes commenced proceedings in the Family Court of Australia against the late Mr Eddington, seeking property and maintenance orders on the basis of a de facto relationship. The Executors of Mr Eddington's estate sought the dismissal of these proceedings, arguing that the Court lacked jurisdiction because no de facto relationship existed, and therefore, no breakdown of such a relationship had occurred at the time proceedings were initiated.

The Court was required to determine two primary jurisdictional issues. Firstly, whether the evidence, when analysed at the time of the initial application in April 2012, established that a de facto relationship existed and had broken down. Secondly, if the relationship had not broken down by April 2012, whether the filing of an amended application in November 2012, which asserted a breakdown in June 2012, could cure the initial jurisdictional defect.

The Court reasoned that the jurisdiction of the Family Court under Part VIIIAB of the Family Law Act 1975 is founded on the existence of a de facto relationship and its subsequent breakdown. Applying the principles from cases such as *Norton v Locke*, the Court held that jurisdictional facts must be in place at the commencement of proceedings. As the evidence did not establish a de facto relationship or its breakdown as at April 2012, the initial application was jurisdictionally flawed. The Court further determined that the amended application filed in November 2012, which sought to assert a breakdown in June 2012, could not cure this fundamental, underlying jurisdictional defect that existed at the time the proceedings were first commenced.

Consequently, the Court ordered the dismissal of Ms Hayes' property and maintenance proceedings, along with all other extant applications, save for costs. The Court also made orders regarding the return of subpoenaed documents and exhibits.