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…
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- AGLC
- Hubnik & Rabinov [2022] FedCFamC2F 1199
- Case
- [2022] FedCFamC2F 1199
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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