LORRY & MUSK

[2015] FCCA 1773

FEDERAL CIRCUIT COURT OF AUSTRALIA

LORRY & MUSK [2015] FCCA 1773

Catchwords:
FAMILY LAW – De facto relationship – where applicant seeks a declaration that a de facto relationship existed – where the parties had a relationship of some nature for a period of 10 years – consideration of evidence as to the nature of that relationship – general preference of the evidence relied upon by the applicant to that of the respondent – application of the evidence to the necessary factors to consider – determination that a de facto relationship did exist.

Legislation:  
Family Law Act 1975 (Cth), ss.4AA, 90RD

Briginshaw & Briginshaw (1938) 60 CLR 336
Jonah & White (2011) 45 FLR 460; 2012 FLC 93-522
Moby & Schulter [2010] FamCA 748
Neat Holdings Pty Ltd & Karajan Holdings Pty Ltd (1992) 110 ALR 449
Sinclair & Whittaker (2013) FLC 93-551

Applicant: MS LORRY

Respondent: MR MUSK

File Number: TVC 556 of 2014

Judgment of: Judge Coker

Hearing dates: 20 & 21 May 2015

Date of Last Submission: 21 May 2015

Delivered at: Townsville

Delivered on: 28 July 2015

REPRESENTATION

Counsel for the Applicant: Ms J Mayes

Solicitors for the Applicant: Macrossan & Amiet Solicitors

Counsel for the Respondent: Mr M Fellows

Solicitors for the Respondent: J. Hamilton and Associates

ORDERS

1. That pursuant to sections 90RD and 4AA of the Family Law Act1975 (Cth) a de facto relationship existed between the Applicant and the Respondent as and from 14 February 2003 until 13 August 2013.

2. That the costs of both parties be reserved.

3. That the Application be listed for mention in Mackay at 9:30am on 26 October 2015 for further directions, including filing of further or updated material and the listing for a Conciliation Conference.

IT IS NOTED that publication of this judgment under the pseudonym Lorry & Musk is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT MACKAY

TVC 556 of 2014

MS LORRY

Applicant

And

MR MUSK

Respondent

REASONS FOR JUDGMENT

INTRODUCTION:

1. On 2 June 2014, Ms Lorry, whom I shall refer to as the applicant, filed an initiating application in this court seeking orders with regard to spousal maintenance and property settlement.  Orders were sought on both an interim and final basis but, as will become evident from these reasons, the matter has moved on.  The application, in the first instance, did not make any reference to any necessary declaration being required with respect to the existence of a de facto relationship, though it is clear that a de facto relationship is what is contended by the applicant to have existed.

2. Rather, the applicant simply sought an order for the payment of periodic spousal maintenance in the sum of $627 per week, commencing seven days from the date of any order, and to be payable for a period of three years, and for the payment of a sum of $200,000 by the respondent to the applicant.  Otherwise, the applicant proposed that each party…