JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY COURT ACT 1997
LOCATION: BUNBURY
CITATION: JOSLIN and BRIDGES [2015] FCWA 114
CORAM: WALTERS J
HEARD: 14 & 15 OCTOBER 2015
DELIVERED : 15 OCTOBER 2015
FILE NO/S: PTW 2401 of 2014
BETWEEN: MS JOSLIN
Applicant
AND
MR BRIDGES
Respondent
Catchwords:
FAMILY LAW – PROPERTY – DE FACTO RELATIONSHIP – Where parties were married for a short time but then separated and divorced – Where parties both formed subsequent relationships with other people – Where parties later enter into a de facto relationship – Alteration of property interests under Family Court Act (1977) (WA) – Consideration of parties' respective contributions – Consideration of s 205ZD(3) factors – Where de facto husband's financial contributions outweighed those of de facto wife – Where accuracy of de facto husband’s financial information could not be confirmed – Where de facto husband refused to mediate or negotiate in any reasonable sense and was determined to press the proceedings to trial
Legislation:
Family Court Act 1997 (WA)
Category: Not Reportable
Representation:
Counsel:
Applicant: Mr R Kroon
Respondent: Self Represented Litigant
Solicitors:
Applicant: Kroon Legal
Respondent: Self-Represented Litigant
Case(s) referred to in judgment(s):
Bevan & Bevan [2013] FamCAFC 116
Bevan & Bevan [2014] FamCAFC 19
Bolger & Headon [2014] FamCAFC 27
Bonnici & Bonnici (1992) FLC 92-272
Chapman & Chapman [2014] FamCAFC 91
Clauson & Clauson (1995) FLC 92-595
Dekker & Dekker [2014] FCWA 61
Dickons & Dickons [2012] FamCAFC 154
Farmer & Bramley [2000] FamCA 1615
Fielding & Nichol [2014] FCWA 77
Figgins & Figgins [2002] FamCA 688
Fullgrabe & Fullgrabe [2015] FCWA 9
G & G [2004] FamCA 1179
GS & TS [2005] FamCA 40
Harrington & Harrington and Ors (2007) FLC 93-317
Hayton & Bendle [2010] FamCA 592
NHC & RCH (2004) FLC 93-204
Re F – Litigants in Person Guidelines (2001) FLC 93-072
Saxena & Saxena (2006) FLC 93-268
Stanford v Stanford (2012) 247 CLR 108
Steinbrenner & Steinbrenner [2008] FamCAFC 193
Waters & Jurek (1995) FLC 92-635
Ex tempore Reasons for Judgment
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
Introduction
1I propose to deliver ex tempore reasons. In my view, although the trial ran for only two days, it was two days too long for a case that should have been mediated and resolved by negotiation between the parties. I accept the submission of Mr Kroon (who appeared for the wife), however, that [Mr Bridges] absolutely refused to mediate or negotiate in any reasonable sense and that he was not prepared to cooperate effectively in the process of alternative dispute resolution. I find that he was determined to take this matter to trial – for reasons which are completely incomprehensible to me. This was a simple case and, with some good will on each side, it could have been resolved at a very early stage, and at very modest cost to each party.
2Applications concerning the property of former de…
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- AGLC
- JOSLIN and BRIDGES [2015] FCWA 114
- Case
- [2015] FCWA 114
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included the application of the Family Law Act to determine the division of property between de facto partners, and whether the parties' previous relationships and property interests should be taken into account when determining their interests in the current relationship. Specifically, the court needed to determine if the previous marriages and property interests acquired during those marriages could be disregarded when considering the property division between Joslin and Bridges.
The court held that the Family Law Act applied to de facto relationships in a manner similar to how it applies to married couples. It emphasised the importance of fairness and justice in determining the division of property between de facto partners. The court noted that while previous relationships and property interests should be considered, they were not determinative of the outcome. Instead, the court focused on the contributions and circumstances of the current de facto relationship. The court concluded that the property division should reflect the nature and duration of the de facto relationship, as well as the contributions made by each party.
Ultimately, the court ordered that the property interests of Joslin and Bridges be divided in a manner that reflected their de facto relationship, taking into account their contributions and the circumstances of their relationship.
Orders
Orders of the court
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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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