SAMPSON & SAMPSON - [2021] FCCA 1471

FEDERAL CIRCUIT COURT OF AUSTRALIA

SAMPSON & SAMPSON

[2021] FCCA 1471

Catchwords:
FAMILY LAW – Following 10 year marriage parties divorce and recommence living together a year later – wife alleges party resumed a de facto relationship – raised their 3 children together – lived together for 14 years in the former matrimonial home – purchased additional property during the 14 years- travelled on at least 10 holidays together in that time mostly without their children – wife files for property application – husband denies they were in a de facto relationship and says they lived together for 14 years as companions – parties found to be in a de facto relationship.

Legislation:

Family Law Act 1975 (Cth), ss.4AA (1) (2) (3) (4), 90RD, 90SM

Cases cited:

Herford & Berke (No.2) [2019] FamCAFC 182

Lynam & Director-General of Social Security (“Lynam”) [1983] 52 ALR 128

Rooks & Padley [2014] FamCA 444

Sanil & Lennon [2019] FamCA 556

Shee & Hale [2020] FamCA 84

Sinclair & Whittaker [2013] FamCAFC 129

Applicant:

MS SAMPSON

Respondent:

MR SAMPSON

File Number:

CAC 1456 of 2019

Judgment of:

Judge Willis AM

Hearing dates:

31 August – 7 September 2020

Date of Last Submission:

7 September 2020

Delivered at:

Cairns

Delivered on:

29 June 2021

REPRESENTATION

Counsel for the Applicant:

Mr Stagg

Solicitors for the Applicant:

Legal Aid ACT

Counsel for the Respondent:

Ms Davis

Solicitors for the Respondent:

Hijazi Curran Cameron Lawyers

ORDERS

Pursuant to section 90RD of the Family Law Act 1975 (Cth) the Court declares that the parties were in a de facto relationship from 2006 until 3 May 2018.
The Application by the Respondent for a declaration that the parties did not live in a de facto relationship following separation in 2003 is dismissed.
The Application by the Respondent for a declaration that the parties concluded their relationship at the date of separation on 31 July 2003 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Sampson & Sampson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CAIRNS

CAC 1456 of 2019

MS SAMPSON

Applicant

And

MR SAMPSON

Respondent

REASONS FOR JUDGMENT

The applicant in this matter (Ms Sampson) was married to the respondent (Mr Sampson) in 1993. The parties separated on 31 July 2003[1], having had three children Mr B born in 1991, Mr C born in 1997 and Mr D born in 1999.
[1] Husband’s affidavit filed 22 November 2019, paragraph 10.
A divorce application was filed on 10 December 2004. Their divorce order was made on 2 February 2005 becoming final on 3 March 2005.
I have decided to refer in this judgment to the applicant as the “the Wife” and the respondent as “the Husband” as was adopted during the trial.
The Wife’s case is that having initially moved out at separation from the former matrimonial home at the point of their difficult separation in July 2003, that by agreement she moved back into…

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 SAMPSON & SAMPSON

Details

AGLC: SAMPSON & SAMPSON [2021] FCCA 1471
Case: [2021] FCCA 1471
Decision Date: 29 June 2021

CaseChat Overview and Summary

In *Sampson & Sampson*, the parties, who had been married for 10 years before divorcing, subsequently resumed living together for a period of 14 years. The wife contended that this period constituted a de facto relationship, during which they raised their three children, resided in their former matrimonial home, and purchased additional property. The husband, however, denied the existence of a de facto relationship, asserting they lived together as companions. The matter came before Am J.

The central legal issue before the court was whether the parties' cohabitation following their divorce amounted to a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). This required the court to consider the nature of their relationship during the 14-year period, including their living arrangements, financial dealings, and the overall indicia of a committed partnership, despite their marital status.

Am J found that the parties were indeed in a de facto relationship. The court reasoned that the length of cohabitation, the shared raising of children, joint property acquisition, and extensive travel together, predominantly without their children, pointed strongly towards a relationship akin to marriage. These factors, taken collectively, demonstrated a mutual commitment to a shared life and domestic arrangement, satisfying the criteria for a de facto relationship under the relevant legislation.

Orders