Federal Circuit and Family Court of Australia
(DIVISION 2)
Pethrick & Folmar [2022] FedCFamC2F 978
File number(s): MLC 542 of 2020 Judgment of: JUDGE O'SULLIVAN Date of judgment: 28 July 2022 Catchwords: FAMILY LAW – Property – de facto property – where applicant seeks orders adjusting property interests – respondent seeks dismissal of application and declaration that parties never in a de facto relationship – threshold hearing to determine jurisdiction. Legislation: Evidence Act1995 (Cth), ss.128, 140
Family Law Act1975 (Cth), ss. 4AA, 90RD, 90SM
Cases cited: Bannister v Pergolesi [2018] FamCA 888
Elias v Elias (1997) FLC 90-267
Fairbairn v Radecki [2022] HCA 18
Henry v Cuso [2022] FedCFamC1F 190
Herford & Berke (No 2) (2019) FLC 93-919
Jonah v White [2011] FamCA 221
Jonah & White [2012] FamCAFC 200
Jones v. Dunkel & Anor (1959) 101 CLR 298
Lynam v Director-General of Social Security (1983) 52 ALR 128
Mayson & Wellard [2021] FamCAFC 115
Moby v Schulter [2010] FamCA 748
Rooks & Padley [2014] FamCA 444
Sinclair v Whittaker (2013) FLC 93-551
Taisha & Peng [2012] FamCA 385
Division: Division 2 Family Law Number of paragraphs: 126 Date of last submission/s: 27 May 2022 Date of hearing: 22 & 23 November 2021 (via Microsoft Teams) Place: Melbourne (via Microsoft Teams) Counsel for the Applicant: Mr Tatarka Solicitor for the Applicant: Lennon Lawyers Counsel for the Respondent: Mr Dixon QC Solicitor for the Respondent: White & Mason Lawyers ORDERS
MLC542 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS PETHRICK
Applicant
AND: MR FOLMAR
Respondent
order made by:
JUDGE O'SULLIVAN
DATE OF ORDER:
28 July 2022
THE COURT ORDERS THAT:
Pursuant to s.90RD(2) of the Family Law Act1975 (Cth) there is a declaration that the parties were in a de facto relationship for a period of at least 2 years comprised by the aggregation of the following periods:
(a)from January 2015 to January 2016;
(b)from May 2016 to August 2016
(c)September 2016 to January 2017; and
(d)January 2018 to October 2018.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Pethrick & Folmar has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
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