MULLAN & WORRELL
Case
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[2016] FamCA 943
•28 October 2016
Details
AGLC
Case
Decision Date
MULLAN & WORRELL [2016] FamCA 943
[2016] FamCA 943
28 October 2016
CaseChat Overview and Summary
In the matter of Mullan & Worrell, Ms Mullan sought a declaration that her de facto relationship with Mr Worrell concluded in May 2009. Mr Worrell contended that the relationship had terminated prior to 1 March 2009, which would divest the Court of jurisdiction to hear an application made under Part VIIIAB of the *Family Law Act 1975* (Cth). The case was heard by Watts J.
The central legal issue before the Court was to determine the precise date on which the de facto relationship between the parties ended. This determination was critical for establishing the Court's jurisdiction to make property orders under the relevant provisions of the *Family Law Act 1975*. The onus rested upon Ms Mullan to demonstrate that the breakdown of the relationship had not occurred before the jurisdictional threshold date of 1 March 2009.
Watts J reasoned that the evidence indicated that it was not until May 2009 that the parties took concrete steps to formally end their de facto relationship. Consequently, the Court found that the de facto relationship had not ended before 1 March 2009.
Accordingly, the Court declared that the de facto relationship between Ms Mullan and Mr Worrell ended in May 2009.
The central legal issue before the Court was to determine the precise date on which the de facto relationship between the parties ended. This determination was critical for establishing the Court's jurisdiction to make property orders under the relevant provisions of the *Family Law Act 1975*. The onus rested upon Ms Mullan to demonstrate that the breakdown of the relationship had not occurred before the jurisdictional threshold date of 1 March 2009.
Watts J reasoned that the evidence indicated that it was not until May 2009 that the parties took concrete steps to formally end their de facto relationship. Consequently, the Court found that the de facto relationship had not ended before 1 March 2009.
Accordingly, the Court declared that the de facto relationship between Ms Mullan and Mr Worrell ended in May 2009.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Statutory Construction
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Citations
MULLAN & WORRELL [2016] FamCA 943
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