Hubnik & Rabinov - [2022] FedCFamC2F 1199

Federal Circuit and Family Court of Australia
(DIVISION 2)
Hubnik & Rabinov [2022] FedCFamC2F 1199

File number(s): PAC 6024 of 2020

Judgment of: JUDGE NEWBRUN

Date of judgment: 5 September 2022

Catchwords: FAMILY LAW – de facto property adjustment proceedings - declaration that the parties were in a de facto relationship, within the meaning of s 4AA(1) of the Family Law Act 1975 (Cth), for a period of more than two years - property adjustment Orders made

Legislation: Family Law Act 1975 (Cth), ss 90SM(3), 90SF(3)

Cases cited: Lotta & Lotta [2017] FamCA 50

Division: Division 2 Family Law

Number of paragraphs: 37

Date of hearing: 18 August 2022

Place: Parramatta

Solicitor for the Applicant: Mr Stoganovic

There was no appearance for the Respondent
ORDERS

PAC 6024 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS HUBNIK

Applicant

AND:
MR RABINOV

Respondent

order made by:

JUDGE NEWBRUN

DATE OF ORDER:

5 september 2022

THE COURT ORDERS THAT:
1.The Court declares, pursuant to section 90RD of the Family Law Act 1975 (Cth) (“the Act”), that the Applicant and the Respondent were in a de facto relationship, within the meaning of section 4AA(1) of the Act, from about 2008 to about 10 January 2019.
2.The Respondent shall forthwith pay to the Applicant the sum of $214,692.
3.Mr B, principal solicitor of B Law Firm at Suburb C, shall forthwith pay to the Applicant, from trust monies held for and on behalf of the Respondent, the sum of $102,475. Such payment to the Applicant shall be in part satisfaction of Order 2 above.
4.Except as provided above, each party shall be entitled, to the exclusion of the other party, to the sole legal and beneficial ownership of all other property, both real and personal, which is registered in each of their names or is in their current possession or control, including their superannuation entitlements, and they shall be solely liable for and indemnify the other against any personal liabilities.
5.In the event that neither party refuses or neglects to sign within 14 days after receipt of a written request to do so any documents necessary to put into effect the terms of these Orders, a Registrar of the Parramatta Registry of the Federal Circuit and Family Court of Australia, or such other person appointed by the Court, is hereby appointed pursuant to section 106A of the Act to execute all such deeds and documents in the name of the defaulting party and do all acts and things necessary to give validity an operation to these Orders and further that the defaulting party pay the costs of the other party in relation to the obtaining of the Registrar’s signature.

NOTATION:
A.Pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, the Court notes that the Court may vary or set aside Orders made by the Court after they have been entered if the Orders were made in the absence of a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hubnik & Rabinov

Details

AGLC: Hubnik & Rabinov [2022] FedCFamC2F 1199
Case: [2022] FedCFamC2F 1199
Decision Date: 5 September 2022

CaseChat Overview and Summary

In the matter of Hubnik v Rabinov, the Federal Circuit and Family Court of Australia addressed de facto property adjustment proceedings. The applicant, Ms Hubnik, sought a declaration that she and the respondent, Mr Rabinov, had been in a de facto relationship for more than two years, as well as property adjustment orders. The court was required to determine whether the parties had indeed been in a de facto relationship and, if so, what property adjustment orders should be made.

The court considered evidence of the nature and duration of the relationship, including financial interdependencies and shared living arrangements, to ascertain if the relationship met the criteria of a de facto relationship under section 4AA(1) of the Family Law Act 1975. The court found that the parties were in a de facto relationship from approximately 2008 to 10 January 2019. Based on this finding, the court made orders for a property settlement, directing Mr Rabinov to pay a lump sum to Ms Hubnik and for the respondent's solicitor to pay another sum from trust monies. Each party was granted sole ownership of their respective property, excluding the sums ordered to be paid.

The court's decision was based on a thorough evaluation of the evidence presented regarding the relationship's characteristics and duration. It concluded that the relationship satisfied the legal definition of a de facto relationship and made orders for a just property settlement. The orders included specific financial payments and declarations of ownership, ensuring that each party's property rights were clearly defined and protected.

Orders

Orders of the court

PAC 6024 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS HUBNIK

Applicant

AND:

MR RABINOV

Respondent

order made by:

JUDGE NEWBRUN

DATE OF ORDER:

5 september 2022

THE COURT ORDERS THAT:

1. The Court declares, pursuant to section 90RD of the Family Law Act 1975 (Cth) (“the Act”), that the Applicant and the Respondent were in a de facto relationship, within the meaning of section 4AA(1) of the Act, from about 2008 to about 10 January 2019.

2. The Respondent shall forthwith pay to the Applicant the sum of $214,692.

3. Mr B, principal solicitor of B Law Firm at Suburb C, shall forthwith pay to the Applicant, from trust monies held for and on behalf of the Respondent, the sum of $102,475. Such payment to the Applicant shall be in part satisfaction of Order 2 above.

4. Except as provided above, each party shall be entitled, to the exclusion of the other party, to the sole legal and beneficial ownership of all other property, both real and personal, which is registered in each of their names or is in their current possession or control, including their superannuation entitlements, and they shall be solely liable for and indemnify the other against any personal liabilities.

5. In the event that neither party refuses or neglects to sign within 14 days after receipt of a written request to do so any documents necessary to put into effect the terms of these Orders, a Registrar of the Parramatta Registry of the Federal Circuit and Family Court of Australia, or such other person appointed by the Court, is hereby appointed pursuant to section 106A of the Act to execute all such deeds and documents in the name of the defaulting party and do all acts and things necessary to give validity an operation to these Orders and further that the defaulting party pay the costs of the other party in relation to the obtaining of the Registrar’s signature.

NOTATION:

A. Pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, the Court notes that the Court may vary or set aside Orders made by the Court after they have been entered if the Orders were made in the absence of a party. Any application by the Respondent to set aside the above Orders shall be made within 21 days of being notified of those Orders.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	PAC 6024 of 2020
Judgment of:	JUDGE NEWBRUN
Date of judgment:	5 September 2022
Catchwords:	FAMILY LAW – de facto property adjustment proceedings - declaration that the parties were in a de facto relationship, within the meaning of s 4AA(1) of the Family Law Act 1975 (Cth), for a period of more than two years - property adjustment Orders made
Legislation:	Family Law Act 1975 (Cth), ss 90SM(3), 90SF(3)
Cases cited:	Lotta & Lotta [2017] FamCA 50
Division:	Division 2 Family Law
Number of paragraphs:	37
Date of hearing:	18 August 2022
Place:	Parramatta
Solicitor for the Applicant:	Mr Stoganovic
There was no appearance for the Respondent

PAC 6024 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS HUBNIK Applicant
AND:	MR RABINOV Respondent

order made by:	JUDGE NEWBRUN
DATE OF ORDER:	5 september 2022