LORRY & MUSK

Case

[2015] FCCA 1773

28 July 2015


Details
AGLC Case Decision Date
Lorry and Musk [2015] FCCA 1773 [2015] FCCA 1773 28 July 2015

CaseChat Overview and Summary

In the matter of Lorry & Musk, heard before Judge Coker, the Applicant and Respondent disputed the existence of a de facto relationship. The Applicant sought declarations and orders regarding property settlement, which were contingent on the court finding that a de facto relationship had subsisted between the parties.

The primary legal issue before the court was whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). This required the court to determine the commencement and cessation dates of any such relationship, as defined by the Act.

Judge Coker found that a de facto relationship existed between the Applicant and the Respondent from 14 February 2003 until 13 August 2013, pursuant to sections 90RD and 4AA of the *Family Law Act 1975* (Cth). The court reserved the costs of both parties and listed the application for mention on 26 October 2015 for further directions, including the filing of material and the scheduling of a Conciliation Conference.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34