FEDERAL CIRCUIT COURT OF AUSTRALIA
| KEENE & SCOFIELD (No.2) | [2013] FCCA 1107 |
| Catchwords: FAMILY LAW – De facto relationship – application for declaration that de facto relationship existed between applicant and respondent – relationship between parties lasted approximately six years – parties own adjoining properties in suburban Adelaide – whether parties had common residence and degree of commonality – disputed evidence as to sleeping arrangements – disputed evidence as to degree of financial interdependence – parties holidayed and socialised together – evidence regarding public aspects of relationship – nature of applicant’s involvement with respondent’s children – definition of de facto relationship – were parties living together on a genuine domestic basis – burden of proof – whether applicant has satisfied onus of proof as to existence of de facto relationship. |
| Legislation: Evidence Act1995 (Cth), s.140 |
| Keene & Scofield [2013] FCCA 540 Keene & Scofield (No.2) [2012] FMCAfam 1357 Jonah v White (2012) 45 FamLR 460 Corporation of the City Enfield v Development Assessment Commission (2000) 199 CLR 135 Taisha v Peng (2013) 48 FamLR 150 Moby & Schulter (2010) FLC 93-447 Shelley & Markhov [2012] FCWA 68 Jones v Dunkel (1959) 101 CLR 298 RPS v R (2000) 199 CLR 620 |
| Applicant: | MR KEENE |
| Respondent: | MS SCOFIELD |
| File Number: | ADC 983 of 2011 |
| Judgment of: | Judge Brown |
| Hearing dates: | 31 January, 1 February, 12, 13 & 14 February, 10 April & 10 May 2013 |
| Date of Last Submission: | 10 May 2013 |
| Delivered at: | Adelaide |
| Delivered on: | 2 September 2013 |
REPRESENTATION
| Solicitors for the Applicant: | Angela Ferdinandy Solicitor then In Person from 10 April 2013 |
| Counsel for the Applicant: | Mr Berman SC then In person |
| Counsel for the Respondent: | Mr McGinn |
| Solicitors for the Respondent: | Howe Martin & Associates |
ORDERS
The application and the response herein are dismissed save as to the issue of costs.
IT IS NOTED that publication of this judgment under the pseudonym Keene & Scofield (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADC 983 of 2011
| MR KEENE |
Applicant
And
| MS SCOFIELD |
Respondent
REASONS FOR JUDGMENT
Introduction
Mr Keene “the applicant” and Ms Scofield “the respondent” have known each other since mid-2004. Undoubtedly, there is some form of relationship between the two. These proceedings are concerned with characterising the nature of this relationship.
From Mr Keene’s perspective, he and Ms Scofield were a committed couple from (omitted) 2006 onwards, who shared every aspect of life together and who were engaged to be married. He asserts that he was a surrogate parent for Ms Scofield’s two children – X born (omitted) 1993 and Y born (omitted) 1999.
From Ms Scofield’s perspective, the relationship between the two has waxed and waned in its degree of intimacy but never reached a point where it could be considered to be a coupling of two individuals into a common unit. At times, she would categorise Mr Keene as her boyfriend,…
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- AGLC
- Keene & Scofield (No.2) [2013] FCCA 1107
- Case
- [2013] FCCA 1107
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the application and the response, as presented, should be upheld or dismissed. The court was required to determine the merits of the arguments put forward by both Keene and Scofield in relation to their underlying dispute.
Judge Brown dismissed both the application and the response. The only matter left for determination was the issue of costs. The reasoning behind this dismissal is not elaborated upon in the provided text.
Orders
Orders of the court
1.
The application and the response herein are dismissed save as to the issue of costs.
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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