Perta and Bergstrom

[2018] FCCA 3783

FEDERAL CIRCUIT COURT OF AUSTRALIA

PERTA & BERGSTROM [2018] FCCA 3783

Catchwords:
FAMILY LAW – Property – whether a de facto relationship existed between the parties – orders made that a de facto relationship did exist between the parties for a certain period, save for a short period of separation.

Legislation:

Family Law Act 1975, ss.4AA, 90RD

Cases cited:

Crick & Bennett [2018] FamCAFC 68

Applicant: MS PERTA

Respondent: MR BERGSTROM

File Number: PAC 4520 of 2017

Judgment of: Judge Newbrun

Hearing date: 25 October 2018

Date of Last Submission: 25 October 2018

Delivered at: Parramatta

Delivered on: 20 December 2018

REPRESENTATION

Counsel for the Applicant: Mr Morley

Solicitors for the Applicant: Pjm Lawyers

Solicitors for the Respondent: Mr Hodges of Mark Hodges

ORDERS

1. The Court declares pursuant to section 90RD of the Family Law Act 1975 (Cth) that the parties were in a de facto relationship from … 2005 until March 2017, save for a period of separation between the end of August 2011 and the beginning of March 2012.

IT IS NOTED that publication of this judgment under the pseudonym Perta & Bergstrom is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 4520 of 2017

MS PERTA

Applicant

And

MR BERGSTROM

Respondent

REASONS FOR JUDGMENT

Introduction

1. This was a threshold hearing relating to proposed property proceedings between Ms Perta (“the Applicant”) and Mr Bergstrom (“the Respondent”).

The parties’ proposals

1. The Applicant sought a declaration under section 90RD of the Family Law Act 1975 (Cth) (“the Act”) that a de facto relationship within the meaning of section 4AA of the Act between the Applicant and the Respondent subsisted between …2005 and April 2017 (see her Case Outline filed 23 October 2018).

2. The Respondent, on the other hand, sought a declaration that a de facto relationship never existed between the parties.  In the event that the Court was to declare that a de facto relationship did exist between the parties, the Respondent sought an alternative declaration that the said de facto relationship commenced when the Applicant moved into the property in which the parties resided at Property A NSW, and that such de facto relationship lasted less than two years, or alternatively ended more than two years prior to the filing of the Applicant’s Initiating Application filed 8 September 2017.

Material relied upon

1. The Applicant relied upon the following documents:

   a)Initiating Application filed 8 September 2017;

   b)Affidavit of Ms Perta filed 17 October 2018;

   c)Affidavit of Ms B filed 17 October 2018; and

   d)Affidavit of Mr C filed 17 October 2018.

2. The Respondent relied upon the following documents:

   a)Response to Initiating Application filed 7 October 201;

   b)Affidavit of Mr Bergstrom filed 7 October 2017.

3. A bundle of colour photographs was tendered by the Applicant in evidence, and was designated Exhibit A.

Reliability of the Respondent’s evidence

1. The Court had concerns with the reliability of the Respondent’s evidence.  During the hearing, the Respondent conceded that he had made an…