FAMILY COURT OF AUSTRALIA
| RUSSELL & ROVANIO | [2013] FamCA 1047 |
| FAMILY LAW – DECLARATION – De facto relationship – No dispute as to the existence of a relationship but rather when it ended – Respondent’s evidence rejected – Declaration made. |
| Family Law Act 1975 (Cth) |
| Jonah v White [2012] FamCAFC 200 Moby & Schulter [2010] FLC 93-447 Neat Holdings Pty Ltd & Karajan Holdings Pty Ltd [1992] HCA 66 Ricky & Jones [2011] FamCAFC 222 Smyth & Pappas [2011] FamCA 434 Vaughan & Beal [2011] FamCA 436 Volin & Backstrum [2013] FamCA 40 |
| APPLICANT: | Mr Russell |
| RESPONDENT: | Mr Rovanio |
| FILE NUMBER: | MLC | 5402 | of | 2012 |
| DATE DELIVERED: | 6 November 2013 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 6 November 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Mellas |
| SOLICITOR FOR THE APPLICANT: | Joseph Guss, Lawyer |
| THE RESPONDENT: | In Person |
Orders
That the Court declares that the parties were in a de facto relationship from 2001 until it ended in September 2011.
All interim applications are otherwise dismissed save as to costs.
The application for final orders and the response thereto are referred to the next judicial docket allocation for the matter to be listed for a first day hearing before a judge.
The Court certifies that it was appropriate and reasonable in the circumstances to brief counsel.
Any application for costs by any party arising out of these interim proceedings and orders shall be by written submission filed by no later than 4 pm on 20 November 2013 and served accordingly with the original submission endorsed that it has been so served and any party receiving such submission shall have until 4 pm on 27 November 2013 to respond similarly endorsed as to service and any judgment shall be delivered from chambers.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Russell & Rovanio 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 MELBOURNE |
FILE NUMBER: MLC 5402 of 2012
| Mr Russell |
Applicant
And
| Mr Rovanio |
Respondent
REASONS FOR JUDGMENT
By an application filed on 18 June 2012, Mr Russell, the applicant, sought an order for the alternation of property interests, specifically those of or with Mr Rovanio, who is the respondent. The application was brought under section 90SM of the Family Law Act 1975. Subject to certain conditions, that provision empowers the court to make such order as it considers appropriate after the break down of a de facto relationship. For the Court to be able to exercise that power, the jurisdiction has to be shown to exist. Here, it is disputed.
Section 39A of the Act provides that a de facto financial cause may be instituted under the Act. The criteria for the exercise of this Court’s jurisdiction in this case were not disputed, save for one issue. In his application, the applicant pleaded that the de facto relationship ended in March 2012. The…
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- RUSSELL & ROVANIO [2013] FamCA 1047
- Case
- [2013] FamCA 1047
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was to determine whether the parties had been in a de facto relationship and, if so, for what period. This determination was a prerequisite for any further substantive orders concerning the division of property or other matters arising from such a relationship.
Cronin J declared that the parties were in a de facto relationship from 2001 until its termination in September 2011. Having made this declaration, the Court dismissed all interim applications, save for those relating to costs. The applications for final orders and the response were referred for listing for a first-day hearing before a judge. The Court also certified that it was appropriate to brief counsel and set out a timetable for written submissions regarding costs arising from the interim proceedings.
Orders
Orders of the court
1.
That the Court declares that the parties were in a de facto relationship from 2001 until it ended in September 2011.
2.
All interim applications are otherwise dismissed save as to costs.
3.
The application for final orders and the response thereto are referred to the next judicial docket allocation for the matter to be listed for a first day hearing before a judge.
4.
The Court certifies that it was appropriate and reasonable in the circumstances to brief counsel.
5.
Any application for costs by any party arising out of these interim proceedings and orders shall be by written submission filed by no later than 4 pm on 20 November 2013 and served accordingly with the original submission endorsed that it has been so served and any party receiving such submission shall have until 4 pm on 27 November 2013 to respond similarly endorsed as to service and any judgment shall be delivered from chambers.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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