RENNIE & DRISCOLL

[2015] FamCA 467

FAMILY COURT OF AUSTRALIA

RENNIE & DRISCOLL [2015] FamCA 467

FAMILY LAW – DEFACTO RELATIONSHIP – where preliminary issue of whether such a relationship existed such as to found jurisdiction – consideration of general principles – declaration that no defacto relationship existed.

FAMILY LAW – COSTS – where respondent wholly successful –consideration of general principles – where no circumstances justifying indemnity cost order – cost ordered as agreed or as assessed on a party /party basis.

Family Law Act 1975 (Cth) ss 4AA, 90RD, 117

Baker & Landon [2010] FMCAfam 280
Bele & Vaughan (Costs) [2012] FamCAFC 198
Jonah & White [2011] FamCA 221
Moby & Schulter [2010] FLC 93-447
Ricci & Jones [2011] FamCAFC 222

APPLICANT: Mr Rennie

RESPONDENT: Mr Driscoll

FILE NUMBER: SYC 6871 of 2014

DATE DELIVERED: 5 June 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Foster J

HEARING DATE: 5 June 2015

REPRESENTATION

SOLICITOR FOR THE RESPONDENT: Adams & Partners Lawyers

Orders

UPON NOTING THAT THERE IS NO APPEARANCE BY OR ON BEHALF OF THE APPLICANT AND UPON FURTHER NOTING THAT THE APPLICANT HAS BEEN INFORMED OF THE LISTING TODAY IN ACCORDANCE WITH ORDERS MADE ON 27 APRIL 2015, IT IS ORDERED THAT:

1. The Initiating Application filed on 31 October 2014 be struck out and dismissed.

2. The matter otherwise proceed to undefended hearing in respect of the orders sought by the Respondent in his response filed on 17 December 2014.

IT IS DECLARED THAT:

1. Pursuant to s 90RD of the Family Law Act 1975 (Cth) there was no de facto relationship between the Applicant and Respondent at any time.

IT IS FURTHER ORDERED THAT:

1. The Applicant pay the Respondent’s costs on a party/party basis as agreed or assessed. 

IT IS NOTED that publication of this judgment by this Court under the pseudonym Rennie & Driscoll has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 6871 of 2014

Mr Rennie

Applicant

And

Mr Driscoll

Respondent

REASONS FOR JUDGMENT

1. These are proceedings commenced by the applicant, Mr Rennie, on 31 October 2014. In that application he seeks, somewhat perplexingly, the following order:

   I, [Mr Rennie], am seeking funds that I have spent on [Mr Driscoll] recovered.  I am seeking $100,000.

2. It appears from the short affidavit filed by the applicant that his relief is founded upon an assertion of a de facto relationship between the applicant and the respondent, as contemplated by s 4AA of the Family Law Act 1975 (Cth) (‘the Act’).

3. The respondent filed a response on 17 December 2014, and in that response the respondent seeks the following orders:

   (1) That the Court declare that the applicant and the respondent were not living in a de facto relationship within the definition of section 4AA of the Family Law Act.

   (2) That the initiating application filed on 18 December 2014 be dismissed.

   (3) That the applicant pay the respondent’s costs on an indemnity basis.

4. In…