Nghiem & Truong & Ors

Case

[2012] FamCA 210

5 April 2012


Details
AGLC Case Decision Date
Nghiem & Truong & Ors [2012] FamCA 210 [2012] FamCA 210 5 April 2012

CaseChat Overview and Summary

In the matter of *Nghiem & Truong & Ors*, heard before Cronin J, the applicant and respondent were involved in a dispute concerning the existence and duration of a de facto relationship. The primary contention revolved around whether a de facto relationship had existed between the parties and, if so, when it commenced and concluded.

The court was required to determine whether the criteria for a de facto relationship, as defined by the *Family Law Act 1975* (Cth), were met by the parties. Specifically, the court needed to ascertain if a de facto relationship existed and, if so, its precise commencement and termination dates, with a particular focus on the period around 1 March 2009 and July 2010.

Cronin J found that a de facto relationship did exist between the applicant and the respondent, and that this relationship was extant on 1 March 2009, concluding in July 2010. Pursuant to section 90RD of the *Family Law Act 1975* (Cth), the court declared this finding. Consequently, certain paragraphs of the amended application and response were dismissed, with the exception of issues relating to costs. All other extant applications were adjourned for a hearing before Justice Macmillan. The parties were also given a timeline for making written submissions regarding any applications for costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Procedural Fairness

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