Sam and Lamothe
Case
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[2016] FamCA 576
•15 July 2016
Details
AGLC
Case
Decision Date
Sam and Lamothe [2016] FamCA 576
[2016] FamCA 576
15 July 2016
CaseChat Overview and Summary
In the matter of *Sam and Lamothe*, heard by Loughnan J, the primary dispute concerned whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). This determination was critical for the respondent's ability to seek property settlement orders.
The court was required to determine whether the parties met the definition of a de facto relationship as defined in section 4AA of the *Family Law Act 1975* for specific periods. This involved assessing the nature of their relationship during those times.
Loughnan J applied the criteria set out in section 4AA of the *Family Law Act 1975* to the evidence presented. The court found that the parties were in a de facto relationship for two distinct periods: from 1991 to June 2002, and again from 24 April 2009 to 6 April 2011.
Consequently, the court declared that a de facto relationship existed during these periods. The proceedings were adjourned to allow for the respondent's application for leave to file an application for property settlement, and no orders were made regarding costs.
The court was required to determine whether the parties met the definition of a de facto relationship as defined in section 4AA of the *Family Law Act 1975* for specific periods. This involved assessing the nature of their relationship during those times.
Loughnan J applied the criteria set out in section 4AA of the *Family Law Act 1975* to the evidence presented. The court found that the parties were in a de facto relationship for two distinct periods: from 1991 to June 2002, and again from 24 April 2009 to 6 April 2011.
Consequently, the court declared that a de facto relationship existed during these periods. The proceedings were adjourned to allow for the respondent's application for leave to file an application for property settlement, and no orders were made regarding costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Statutory Construction
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Costs
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Citations
Sam and Lamothe [2016] FamCA 576
Most Recent Citation
DKL v LYK [2019] SASC 100
Cases Cited
5
Statutory Material Cited
3
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[2013] FamCAFC 129
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[2008] NSWCA 10
The Commonwealth v SCI Operations Pty Ltd
[1998] HCA 20