Malinda Kempe v Robert Bruce Webber

The case Malinda Kempe v Robert Bruce Webber is an application by the plaintiff seeking orders pursuant to the Domestic Relationships Act 1994 (ACT). The plaintiff and defendant were in a de facto relationship between late 1991 and 25 August 2000, during which time they had three children. The defendant argues that the court lacks jurisdiction as the plaintiff does not meet the residential requirements of the Act. The legal issue before the court is whether the plaintiff's temporary presence in the Australian Capital Territory at the time of filing the application was sufficient to meet the residency requirement of the Act.

The court considered the meaning of the term "resident" and whether it required a degree of permanence. The court examined relevant cases and concluded that the term "resident" should be given its ordinary meaning, which includes physical presence and an intention to treat the place as home. The court found that the plaintiff's presence in the ACT was temporary and not intended to be her home. Therefore, the court held that the plaintiff was not a resident in the ACT at the time of filing the application and dismissed the application.

The court acknowledged the potential injustice of the result but was bound to apply the clear meaning of the statute. The court emphasized that it is open to the legislature to amend the Act if they consider it too restrictive or discriminatory. The court ordered that the application be dismissed and that the parties be heard regarding costs.