Hoffmann and Braddock

[2019] FCCA 144

FEDERAL CIRCUIT COURT OF AUSTRALIA

HOFFMANN & BRADDOCK [2019] FCCA 144

Catchwords:
FAMILY LAW – Property – section 90RD declaration – whether a de facto relationship existed between the parties – whether the de facto relationship is a foundation for jurisdiction – where the Applicant has invoked the Court’s jurisdiction but now agitates that the Court is without jurisdiction.

Legislation:

Family Law Act 1975 ss.4AA, 90RD, pt.VIIIAB

Cases cited:

Stanford v Stanford [2012] HCA 52

Jonah & White [2011] FamCA 221
McMaster & Wyhler [2013] FamCA 989
Vaughan & Bele [2011] FamCA 436
Moby & Schulter [2010] FamCA 748
Tang & Vo [2016] FCCA 880
Taisha & Peng and Anor [2012] FamCA 385
Van & Nord [2017] FCCA 2727
Benedict & Peake [2013] FCCA 332
Benedict & Peake [2014] FCCA 642

Applicant: MR HOFFMANN

Respondent: MS BRADDOCK

File Number: PAC 1467 of 2018

Judgment of: Judge Harman

Hearing date: 8 January 2019

Date of Last Submission: 8 January 2019

Delivered at: Parramatta

Delivered on: 8 January 2019

REPRESENTATION

Counsel for the Applicant: Appears in person

Counsel for the Respondent: Mr Blackah of Counsel

Solicitors for the Respondent: Amanda Little & Associates

ORDERS

1. Pursuant to section 90RD of the Family Law Act 1975, I declare that the parties Mr Hoffmann and Ms Braddock have been in a de facto relationship with each other for a period commencing no earlier than …2007 and concluding no later than November 2017.

2. Reserve the costs of the Respondent with respect to the section 90RD determination to be determined at trial.

3. The matter is adjourned for further mention and directions to 20 May 2019 at 12noon.

4. By consent Orders are made in accordance with the Terms of Settlement executed by the parties marked Exhibit ‘A’ attached hereto.

5. In the event that all issues are not resolved through negotiation following completion of disclosure and valuation, each party shall ensure by no later than close of business 10 May 2019, that their trial Affidavit material is filed, comprising one Affidavit per witness.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1467 of 2018

MR HOFFMANN

Applicant

And

MS BRADDOCK

Respondent

REASONS FOR JUDGMENT

1. These proceedings come before the Court today for the purpose of determination pursuant to section 90RD of the Family Law Act1975, that is, a determination as to whether the parties to the proceedings have ever resided together in a de facto relationship and, if so, whether the de facto relationship can appropriately be a foundation for jurisdiction. To be so would require that the relationship meet the requirements that section 90RD refers to, namely, that the parties have been parties to a de facto relationship for a period or periods of not less than two years and which period or periods concluded not less than two years prior to the commencement of proceedings.

2. Irrespective of how…