Petroulis & Kontos

[2023] FedCFamC2F 1105

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Petroulis & Kontos [2023] FedCFamC2F 1105

File number(s):

PAC 2789 of 2022

Judgment of:

JUDGE NEWBRUN

Date of judgment:

25 August 2023

Catchwords:

FAMILY LAW – de facto property adjustment proceedings – threshold hearing – declaration that de facto relationship ended in January 2020 – leave granted to de-facto wife to commence property adjustment and maintenance proceedings out of time.

Legislation:

Family Law Act 1975 (Cth) ss 4AA, 44, 90RD, 90SE, 90SM

Cases cited:

Crick & Bennett [2018] FamCAFC 68

Fairbairn v Radecki [2022] HCA 18

Sinclair & Whittaker [2013] FamCAFC 129

Division:

Division 2 Family Law

Number of paragraphs:

99

Date of hearing:

9–10 August 2023

Place:

Parramatta

Counsel for the Applicant:

The Applicant appeared in person on 9 August 2023; Mr Morris (direct brief) on 10 August 2023

Counsel for the Respondent:

Mr Blackah

Solicitor for the Respondent:

Marsdens Law Group

ORDERS

PAC 2789 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS PETROULIS

Applicant

AND:

MR KONTOS

Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	25 AUGUST 2023

THE COURT ORDERS THAT:

1.The Court declares, pursuant to s 90RD(1) of the Family Law Act 1975 (Cth) (“the Act”), that the parties’ de facto relationship ended on about 10 January 2020.

2.Leave is granted to the Applicant wife to make an application for Orders under s 90SE and s 90SM of the Act after the end of the standard application period (the end of the standard application period being on about 10 January 2022).

3.The proceedings are adjourned to 16 October 2023 at 9:30am for mention.

AND THE COURT NOTES THAT:

A.The Applicant wife commenced proceedings on 26 May 2022. There is no need for her to file a fresh Initiating Application pursuant to the above Order granting leave.

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 has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE NEWBRUN:

INTRODUCTION

1. These reasons for judgment relate to the Applicant de facto wife’s application for a declaration under s 90RD of the Family Law Act 1975 (Cth) that a de facto relationship existed between herself and the Respondent de facto husband during the period from 10 January 2014 to 10 January 2021.

2. In these reasons, for…