Regan and Walsh

[2014] FCCA 2535

FEDERAL CIRCUIT COURT OF AUSTRALIA

REGAN & WALSH [2014] FCCA 2535

Catchwords:
FAMILY LAW – De facto property – threshold consideration of whether a de facto relationship exists so as to afford jurisdiction – factors to be considered – influence and significance of financial considerations when little else is agreed – insufficient evidence to satisfy the Court that the parties were in a relationship as a couple – finding of no jurisdiction.

Legislation:  

Family Law Act 1975 (Cth), ss.4AA(1), (2), 90RD
De Facto Relationships Act 1984 (NSW)

S v B(No 2) (2004) 32 FamLR 429
Roy v Sturgeon (1986) 11 FamLR 271
Barry & Dalrymple [2010] FamCA 1271
Lynam v Director-General of Social Security (1983) 52 ALR 128
Truman & Clifton (2010) FCWA 91

Applicant: MR REGAN

Respondent: MR WALSH

File Number: BRC 2755 of 2013

Judgment of: Judge Coker

Hearing date: 12 June 2014

Date of Last Submission: 12 June 2014

Delivered at: Townsville

Delivered on: 6 November 2014

REPRESENTATION

Counsel for the Applicant: Mr Kronberg

Solicitors for the Applicant: RD Martin & Co

Counsel for the Respondent: Mr Creamer

Solicitors for the Respondent: Australian Law Group

DECLARATION

1. Pursuant to Section 90RD of the Family Law Act 1975, that a de facto relationship, as defined pursuant to the provisions of section 4AA, never existed between the Applicant and the Respondent.

ORDERS:

1. That the Application of 12 April 2013 and Response of 2 August 2013 be dismissed.

2. That should there be any application for costs, written submissions be filed and served by the Respondent within 21 days of the date of this Order and any submissions by the Applicant be filed and served within 35 days of the date of this Order.

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

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT TOWNSVILLE

BRC 2755 of 2013

MR REGAN

Applicant

And

MR WALSH

Respondent

REASONS FOR JUDGMENT

INTRODUCTION:

1. On 12 April 2013, Mr Regan, whom I shall refer to as the applicant, filed an initiating application seeking orders in relation to a de facto property settlement. As is required in relation to a determination of that nature, the first order that was sought was the making of a declaration that a de facto relationship existed between the applicant and the respondent to the application, Mr Walsh.

2. The applicant went on to note that subject to the declaration being made, then that there should be a property distribution between the applicant and the respondent, so as to effect a distribution to the applicant of 40 per cent and a distribution to the respondent of 60 per cent by way of final property settlement.  Additionally, the applicant sought an order with regard to the respondent paying his costs of and incidental to the proceedings and any other orders that might otherwise be appropriate or proper. 

3. The response to the initiating application was filed on 2 August…