FEDERAL CIRCUIT COURT OF AUSTRALIA
| ONSLOW & ONSLOW | [2013] FCCA 1434 |
| Catchwords: FAMILY LAW – Application for property adjustment orders between de facto spouses – whether de facto relationship broke down after 1 March, 2009 – where de facto relationship broke down finally after 1 March, 2009 – assessment of contributions – declarations and orders made. |
| Legislation: Family Law Act 1975, ss.4, 4AA(1), 4AA(2), 4AA(3), 48(1), 79, 90SM(4), 90SM(4)(a) – (g), 90SF(3) Family Law Amendment (De Facto Financial Matter and Other Measures) Act 2008, item 86(1) of Schedule 1 Part 2 Division 2 |
| Calverley v Green (1984) 155 CLR 242 C v C (2005) Fam LR 414 Fenton & Marvel [2013] FamCAFC 132 In the Marriage of Clauson (1995) FLC 92-595 In the Marriage of Ferraro (1993) FLC 92-335\ In the Marriage of Hickey (2003) 30 Fam LR 355 In the Marriage of Lee Steere and Lee Steere (1985) FLC 91-626 Russell v Russell (1999) FLC 92-877 |
| Applicant: | MS ONSLOW |
| Respondent: | MR ONSLOW |
| File Number: | CRC 56 of 2011 |
| Judgment of: | Judge Jarrett |
| Hearing dates: | 16 May & 1 November 2012 |
| Date of Last Submission: | 13 December, 2012 |
| Delivered at: | Brisbane |
| Delivered on: | 24 September 2013 |
REPRESENTATION
| Counsel for the Applicant: | Ms Carty |
| Solicitors for the Applicant: | Jane Adams Lawyers |
| Counsel for the Respondent: | Mr S C Priestly |
| Solicitors for the Respondent: | Coastal Law & Convenyancing |
ORDERS
Pursuant to s.90RD of the Family Law Act1975, the Court declares that Ms Onslow and Mr Onslow:
(a)were in a de facto relationship for the purposes of Part VIIIAB of Family Law Act;
(b)their de facto relationship commenced in 1989; and
(c)their de facto relationship broke down finally after 1 March, 2009.
No later than 4.00pm on 22 November, 2013 Mr Onslow pay to Ms Onslow the sum of $71,750.00.
No later than 4.00pm on 22 November, 2013 Ms Onslow shall file and serve a draft order providing for a splitting of the superannuation interest of Mr Onslow using a base amount of $84,350.00 and in respect of which the trustee of the relevant superannuation fund has been given procedural fairness.
Otherwise all outstanding applications are dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Onslow & Onslow is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT COFFS HARBOUR |
CRC 56 of 2011
| MS ONSLOW |
Applicant
And
| MR ONSLOW |
Respondent
REASONS FOR JUDGMENT
By this application Ms Onslow seeks orders for property settlement against her one time de facto partner, Mr Onslow. Mr Onslow resists the claim and says that the application should be dismissed.
The application is not straightforward because, although the parties agree that they were in a de facto relationship between 1989 and 2000, Ms Onslow contends that the relationship did not end until after 17 June, 2009 whereas Mr Onslow contends that it ended sometime in 2000. The date upon which the…
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- ONSLOW & ONSLOW [2013] FCCA 1434
- Case
- [2013] FCCA 1434
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CaseChat Overview and Summary
The court's reasoning focused on establishing the existence and timeline of the de facto relationship. Applying the criteria set out in the *Family Law Act*, the court considered the various factors relevant to determining whether a de facto relationship existed. Based on the evidence presented, the court found that Ms Onslow and Mr Onslow had indeed been in a de facto relationship.
The court declared that the de facto relationship commenced in 1989 and finally broke down after 1 March 2009. In terms of property settlement, Mr Onslow was ordered to pay Ms Onslow the sum of $71,750.00 by 22 November 2013. Additionally, Ms Onslow was directed to file and serve a draft order for the splitting of Mr Onslow's superannuation interest, based on a specified amount and subject to procedural fairness for the superannuation trustee. All other outstanding applications were dismissed.
Orders
Orders of the court
1.
Pursuant to s.90RD of the Family Law Act 1975, the Court declares that Ms Onslow and Mr Onslow:
(a) were in a de facto relationship for the purposes of Part VIIIAB of Family Law Act;
(b) their de facto relationship commenced in 1989; and
(c) their de facto relationship broke down finally after 1 March, 2009.
2.
No later than 4.00pm on 22 November, 2013 Mr Onslow pay to Ms Onslow the sum of $71,750.00.
3.
No later than 4.00pm on 22 November, 2013 Ms Onslow shall file and serve a draft order providing for a splitting of the superannuation interest of Mr Onslow using a base amount of $84,350.00 and in respect of which the trustee of the relevant superannuation fund has been given procedural fairness.
4.
Otherwise all outstanding applications are dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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