Randall and Pavot

Case

[2016] FCCA 1620

8 July 2016


Details
AGLC Case Decision Date
Randall and Pavot [2016] FCCA 1620 [2016] FCCA 1620 8 July 2016

CaseChat Overview and Summary

In the matter of *Randall and Pavot*, heard by Judge Small, the applicant, Mr Randall, sought declarations and orders concerning a de facto relationship with the respondent, Ms Pavot. The core of the dispute revolved around the existence of a de facto relationship and the timeliness of the applications filed by Mr Randall.

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*.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Limitation Periods

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Moylan and Murchison [2018] FCCA 1887
Cases Cited

10

Statutory Material Cited

2

Stanford v Stanford [2012] HCA 52