Onslow and Onslow
Case
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[2013] FCCA 1434
•24 September 2013
Details
AGLC
Case
Decision Date
ONSLOW & ONSLOW
[2013] FCCA 1434
[2013] FCCA 1434
24 September 2013
CaseChat Overview and Summary
In the matter of *Onslow and Onslow*, heard by Judge Jarrett, the dispute concerned the characterisation and duration of a de facto relationship between Ms Onslow and Mr Onslow, and the consequential property settlement. The court was required to determine whether the parties had been in a de facto relationship for the purposes of Part VIIIAB of the *Family Law Act 1975* (Cth), and if so, when that relationship commenced and when it finally broke down.
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Procedural Fairness
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Remedies
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Fiduciary Duty
Actions
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Citations
ONSLOW & ONSLOW
[2013] FCCA 1434
Most Recent Citation
XUN & LARUE [2019] FCCA 1181
Cases Cited
4
Statutory Material Cited
5
Fenton & Marvel
[2013] FamCAFC 132
Dahl & Hamblin
[2011] FamCAFC 202
Calverley v Green
[1984] HCA 81