Rizzo & Lia - [2025] FedCFamC2F 631

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Rizzo & Lia [2025] FedCFamC2F 631

File number(s): SYC 7157 of 2024

Judgment of: JUDGE NEWBRUN

Date of judgment: 16 May 2025

Catchwords: FAMILY LAW – PROPERTY – Threshold hearing – date of separation – leave out of time.

Legislation: Family Law Act 1975 (Cth) s 44

Cases cited:
Hardwick & Hardwick (No 2) [2022] FedCFamC1A 216

Skelton & Lindop (2022) 64 Fam LR 617

Division: Division 2 Family Law

Number of paragraphs: 51

Date of hearing: 5 May 2025

Place: Parramatta

Counsel for the Applicant: Mr Robertson

Solicitor for the Applicant: Abbas Jacobs Lawyers

Counsel for the Respondent: Mr Butters

Solicitor for the Respondent: Crimcorp Defence Lawyers Pty Ltd
ORDERS

SYC 7157 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS RIZZO

Applicant

AND:
MR LIA

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

16 MAY 2025

THE COURT NOTES THAT:
A.The wife commenced proceedings under section 90SM of the Family Law Act 1975(Cth) on 11 September 2024.

AND THE COURT DECLARES THAT:
1.The parties having finally separated on about 22 December 2022, the wife commenced proceedings under s 90SM of the Family Law Act 1975 (Cth) within the standard application period of two years after the end of the parties’ de facto relationship.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
INTRODUCTION

On 21 January 2025 the court listed a threshold hearing as to whether or not leave should be granted pursuant to s 44(6) in relation to the commencement of property proceedings between the parties. The court appointed the threshold hearing to be heard on 5 May 2025.
The Court conducted the threshold hearing on 5 May 2025. At that hearing the parties tendered various documents and made oral submissions.
In these Reasons, for ease of reference, the applicant de facto wife shall be referred to as the wife and the respondent shall be referred to as the husband.
The wife was born in 1991, and is now aged 33 years.
The husband was born in 1987, and is now aged 37 years.
The parties were married in a religious ceremony in 2018.
The parties…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Rizzo & Lia

Details

AGLC: Rizzo & Lia [2025] FedCFamC2F 631
Case: [2025] FedCFamC2F 631
Decision Date: 16 May 2025

CaseChat Overview and Summary

In the case of Rizzo & Lia, the applicant, Ms. Rizzo, initiated proceedings against the respondent, Mr. Lia, under section 90SM of the Family Law Act 1975 (Cth) on 11 September 2024. The central issue before the court was whether Ms. Rizzo had filed her application within the standard two-year period after the end of the parties' de facto relationship, which was crucial for the court's jurisdiction to hear the matter. The court was required to determine the date of the final separation of the parties and assess whether the application was filed in a timely manner.

The legal issues revolved around the precise date of the final separation of the parties and whether Ms. Rizzo's application, filed on 11 September 2024, was within the statutory time limit. The court examined evidence and submissions from both parties regarding the date of separation and the subsequent filing of the application. The court considered the evidence presented, including the parties' testimonies, correspondence, and other relevant documents, to ascertain the date of final separation and the timeliness of the application.

The court concluded that the parties had finally separated on approximately 22 December 2022. Given this finding, the court determined that Ms. Rizzo's application, filed on 11 September 2024, was within the two-year period prescribed by section 90SM of the Family Law Act 1975 (Cth). Consequently, the court had jurisdiction to hear the matter. The court declared that the application was timely filed, and Ms. Rizzo was entitled to proceed with her application under the Act.

The court ordered that the parties having finally separated on about 22 December 2022, the wife commenced proceedings under s 90SM of the Family Law Act 1975 (Cth) within the standard application period of two years after the end of the parties' de facto relationship. The form of the order is subject to the entry in the Court’s records.

Orders

Orders of the court

SYC 7157 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS RIZZO

Applicant

AND:

MR LIA

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

16 MAY 2025

THE COURT NOTES THAT:

A. The wife commenced proceedings under section 90SM of the Family Law Act 1975 (Cth) on 11 September 2024.

AND THE COURT DECLARES THAT:

1. The parties having finally separated on about 22 December 2022, the wife commenced proceedings under s 90SM of the Family Law Act 1975 (Cth) within the standard application period of two years after the end of the parties’ de facto relationship.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	SYC 7157 of 2024
Judgment of:	JUDGE NEWBRUN
Date of judgment:	16 May 2025
Catchwords:	FAMILY LAW – PROPERTY – Threshold hearing – date of separation – leave out of time.
Legislation:	Family Law Act 1975 (Cth) s 44
Cases cited:	Hardwick & Hardwick (No 2) [2022] FedCFamC1A 216 Skelton & Lindop (2022) 64 Fam LR 617
Division:	Division 2 Family Law
Number of paragraphs:	51
Date of hearing:	5 May 2025
Place:	Parramatta
Counsel for the Applicant:	Mr Robertson
Solicitor for the Applicant:	Abbas Jacobs Lawyers
Counsel for the Respondent:	Mr Butters
Solicitor for the Respondent:	Crimcorp Defence Lawyers Pty Ltd

SYC 7157 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS RIZZO Applicant
AND:	MR LIA Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	16 MAY 2025