Hoffmann and Braddock

Case

[2019] FCCA 144

8 January 2019


Details
AGLC Case Decision Date
Hoffmann and Braddock [2019] FCCA 144 [2019] FCCA 144 8 January 2019

CaseChat Overview and Summary

In the matter of *Hoffmann and Braddock*, heard by Judge Harman, the dispute concerned the determination of a de facto relationship and the subsequent division of property. The parties, Mr Hoffmann and Ms Braddock, sought declarations and orders regarding their financial affairs.

The primary legal issue before the court was whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth), and if so, for what duration. This determination was a prerequisite for the court to exercise its jurisdiction to make property settlement orders.

Judge Harman declared that Mr Hoffmann and Ms Braddock had been in a de facto relationship commencing no earlier than 2007 and concluding no later than November 2017, pursuant to section 90RD of the *Family Law Act 1975*. The court also made orders by consent in accordance with Terms of Settlement executed by the parties. Costs relating to the section 90RD determination were reserved for trial. The matter was adjourned for further mention and directions, with a directive for parties to file trial affidavit material by 10 May 2019 if all issues were not resolved through negotiation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Jurisdiction

Actions
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Cases Citing This Decision

0

Cases Cited

21

Statutory Material Cited

2

Stanford v Stanford [2012] HCA 52
Taisha v Peng [2012] FamCA 385
Jonah & White [2011] FamCA 221