FEDERAL CIRCUIT COURT OF AUSTRALIA
| RANDALL & PAVOT | [2016] FCCA 1620 |
| Catchwords: FAMILY LAW – De facto property – whether an application for property settlement is made out of time – whether the Applicant would be caused hardship if leave to proceed out of time were not granted under s.44(6) of the Family Law Act 1975. |
| Legislation: Family Law Act 1975, ss.4AA, 44(4), 44(5), 44(6), 79(2), 90SM, 90RD |
| Cases cited: Baumgartner (1987) 164 CLR 137 |
| Applicant: | MR RANDALL |
| Respondent: | MS PAVOT |
| File Number: | DGC 1759 of 2013 |
| Judgment of: | Judge Small |
| Hearing date: | 4 November 2015 |
| Date of Last Submission: | 6 November 2016 |
| Delivered at: | Dandenong |
| Delivered on: | 8 July 2016 |
REPRESENTATION
| Counsel for the Applicant: | Ms O'Connell |
| Solicitors for the Applicant: | Fiona R McGregor |
| Counsel for the Respondent: | Self-represented |
| Solicitors for the Respondent: | Self-represented |
ORDERS
IT IS DECLARED
Pursuant to s.90RD of the Family Law Act 1975 that a de facto relationship existed between the Applicant Mr Randall and the Respondent Ms Pavot between December 2003 and August 2009.
IT IS ORDERED THAT
The court being satisfied that the Initiating Application filed 28 June 2013 and the Amended Initiating Application filed 28 August 2013 were filed out of time, those Applications are hereby dismissed pursuant to s.44(5) of the Family Law Act 1975.
IT IS NOTED that publication of this judgment under the pseudonym Randall & Pavot is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT DANDENONG |
DGC 1759 of 2013
| MR RANDALL |
Applicant
And
| MS PAVOT |
Respondent
REASONS FOR JUDGMENT
Introduction
This is a property matter arising out of the breakdown of the de facto relationship between Mr Randall (“Mr Randall”) and Ms Pavot (“Ms Pavot”).
The only issue for decision at this stage is whether Mr Randall's Initiating Application in relation to a property settlement filed on 28 June 2013 ought to be dismissed for having been brought out of time, and that issue depends on a determination of the date of separation between the parties.
Ms Pavot says the relationship ended in August 2009 when she, her daughter and the parties’ two children left her home at Property S (“the Property S property”) and went to live with her father at his home in (omitted).
Mr Randall acknowledges that Ms Pavot and the children, X aged ten and Y aged eight have lived at (omitted) since…
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- Randall and Pavot [2016] FCCA 1620
- Case
- [2016] FCCA 1620
- Decision Date
CaseChat Overview and Summary
The court was required to determine two primary legal issues. Firstly, whether a de facto relationship existed between Mr Randall and Ms Pavot, and if so, for what period. Secondly, whether the applications filed by Mr Randall were made within the time limits prescribed by the *Family Law Act 1975*.
Judge Small declared that a de facto relationship existed between the parties from December 2003 to August 2009, pursuant to section 90RD of the *Family Law Act 1975*. However, the court was satisfied that the Initiating Application filed on 28 June 2013 and the Amended Initiating Application filed on 28 August 2013 were lodged out of time. Consequently, these applications were dismissed pursuant to section 44(5) of the *Family Law Act 1975*.
Orders
Orders of the court
IT IS DECLARED
1.
Pursuant to s.90RD of the Family Law Act 1975 that a de facto relationship existed between the Applicant Mr Randall and the Respondent Ms Pavot between December 2003 and August 2009.
IT IS ORDERED THAT
2.
The court being satisfied that the Initiating Application filed 28 June 2013 and the Amended Initiating Application filed 28 August 2013 were filed out of time, those Applications are hereby dismissed pursuant to s.44(5) of the Family Law Act 1975.
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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