Kellner and Kellner and Anor

In the matter of *Kellner and Kellner and Anor*, heard before Judge Harland, the dispute concerned the determination of a de facto relationship and the jurisdiction of the court to make property orders. The applicants sought declarations regarding the existence and duration of their de facto relationship and confirmation of the court's jurisdiction to hear their property settlement proceedings.

The primary legal issues before the court were whether the parties were in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth) and, if so, whether the court had jurisdiction to make property orders under that Act. Specifically, the court was required to consider the relevant provisions of the Act concerning the commencement and termination of de facto relationships and the requirements for ordinary residence within a particular Australian jurisdiction.

Judge Harland found that the parties had been in a de facto relationship from 8 July 1990 until 12 July 2012, pursuant to section 90RD of the *Family Law Act 1975*. Furthermore, the court declared that both parties had ordinarily resided in the Northern Territory of Australia for more than one third of the duration of their de facto relationship, satisfying the jurisdictional requirements of section 90SK of the Act.

Consequently, the court made declarations to this effect. The parties were granted leave to relist the matter upon providing seven days' written notice to the other party, indicating that further proceedings, likely concerning property division, could be initiated.