RENNIE & DRISCOLL

In *Rennie & Driscoll*, Foster J of the Family Court of Australia considered a preliminary issue as to whether a de facto relationship existed between the parties, which would found jurisdiction under the *Family Law Act 1975* (Cth). The applicant did not appear at the hearing.

The court was required to determine whether the parties were in a de facto relationship for the purposes of the Act. In addition, the court considered the appropriate costs order given the respondent was wholly successful on the jurisdictional issue.

Foster J declared that, 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. The court noted that there were no circumstances justifying an indemnity costs order, and therefore ordered that the applicant pay the respondent’s costs on a party/party basis. The Initiating Application was struck out and dismissed, with the matter to proceed to an undefended hearing in respect of the orders sought by the respondent.