FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Shelby & Rylan [2022] FedCFamC1F 281
File number(s): LEC 701 of 2018 Judgment of: HOGAN J Date of judgment: 29 April 2022 Catchwords: FAMILY LAW – Where the Applicant seeks a declaration pursuant to s 90RD of the Family Law Act 1975 (Cth) that she and the Respondent were in a de facto relationship – Where the Respondent seeks a declaration that a de facto relationship never existed between the parties – Where the Court finds no de facto relationship ever existed between the parties – Application of the Applicant dismissed and declaration made as sought by the Respondent Legislation: Family Law Act 1975 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth)
Cases cited: Fencott v Muller (1983) 152 CLR 570
Herford & Berke (No. 2) (2019) FLC 93-919
Jonah & White (2012) FLC 93-522
Lynam v Director-General of Social Security (1983) 52 ALR 128
Nevins & Urwin (No 3) [2022] FedCFamC1F 201
Ricci v Jones [2011] FamCAFC 222
Sinclair & Whittaker (2013) FLC 93-551
Division: Division 1 First Instance Number of paragraphs: 231 Date of hearing: 15, 16, 17 and 18 February 2021; 5, 6 and 7 May 2021; 6 July 2021; 3 and 16 September 2021 Place: Brisbane Counsel for the Applicant: Mr Hodgson Solicitor for the Applicant: Tyndall & Co. Lawyers Counsel for the Respondent: Mr Priestley Solicitor for the Respondent: Family Law Solutions Counsel for the First and Second Interveners: Mr Priestley Solicitor for the First and Second Interveners: Family Law Solutions ORDERS
LEC 701 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS SHELBY
Applicant
AND: MR RYLAN
Respondent
E PTY LTD
First Intervener
C PTY LTD
Second Intervener
ORDER MADE BY:
HOGAN J
DATE OF ORDER:
29 APRIL 2022
IT IS ORDERED BY WAY OF FINAL ORDER THAT:
1.Pursuant to s 90RD(1) of the Family Law Act 1975 (Cth) and for the purposes of these proceedings, the Court hereby declares that a de facto relationship never existed between the Applicant and the Respondent.
2.The Applicant’s Further Amended Initiating Application filed 4 December 2020 is dismissed.
3.The Applicant cause the following sums to be paid to the following entities within 72 hours of being provided with the details of the bank account/s into which such payments are to be made:
(a)to E Pty Ltd: $17,550.60; and
(b)to C Pty Ltd: $116,625.
4.The injunction imposed on the Applicant by order 1 of the orders made 16 September 2021 is discharged.
5.Save for causing the payment of the sums referred to in order 3 above, the Applicant is restrained and an injunction is issued restraining her from allowing or causing the balance of her Westpac Account Number #...81 to fall below the amount of $140,000.
6.Upon payment by the Applicant of the sums referred to in order 3 above, the injunction restraining the Applicant’s use of the funds in her Westpac Account Number #...81 is discharged.
7.The Applicant make all items…
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CaseChat Overview and Summary
The primary legal issue the court had to decide was whether Ms Shelby and Mr Rylan had a de facto relationship as defined by the Act. This involved examining various aspects of their relationship, including their living arrangements, financial ties, and mutual commitments. Additionally, the court had to determine if it had jurisdiction to hear claims by the interveners if it found that Ms Shelby and Mr Rylan were not in a de facto relationship. The court had to assess the credibility and consistency of Ms Shelby’s evidence, particularly in light of her failure to declare income to Centrelink and her inconsistent statements during cross-examination.
The court found that Ms Shelby's evidence was not credible, particularly her account of the start date of the alleged relationship and her failure to declare income. The court concluded that the "composite picture" of the relationship did not demonstrate a genuine domestic relationship as required by the statute. The court found that Ms Shelby and Mr Rylan were not in a de facto relationship and made a declaration to that effect. Furthermore, the court ruled that it did not have jurisdiction to hear the claims of the interveners if it found that there was no de facto relationship between Ms Shelby and Mr Rylan.
The court’s final orders included a declaration that Ms Shelby and Mr Rylan were not in a de facto relationship, and the claims by the interveners were dismissed due to lack of jurisdiction.
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