Sobolev & Barran

In the matter of *Sobolev & Barran*, heard by Myers J, the applicant, Ms. Sobolev, and the respondent, Mr. Barran, were engaged in proceedings concerning their relationship. The core of the dispute revolved around whether a de facto relationship existed between the parties, a determination crucial for the subsequent division of property under the *Family Law Act 1975* (Cth).

The court was required to determine several key issues. These included the extent of disclosure and document exchange permissible between the parties, specifically relating to evidence of a de facto relationship as defined by section 4AA of the *Family Law Act 1975*. Additionally, the court had to consider the adequacy of the applicant's claims under section 90SM of the Act and the appropriate procedural steps for amending pleadings and seeking final relief. The court also addressed an application for summary dismissal and the respondent's notice to produce documents.

Myers J ordered that the parties could request documents relevant to the existence of a de facto relationship within 14 days, with a further 14 days for the responding party to comply. The respondent's tender bundle was admitted as Exhibit "G". The applicant was directed to file and serve an amended Initiating Application detailing her claims under section 90SM and specifying the final relief sought, including monetary relief, within 21 days. The respondent was given 28 days thereafter to file any amended response. The application for summary dismissal was dismissed. The applicant was also ordered to respond to the respondent's notice to produce within 14 days. The matter was adjourned for a directions hearing and subsequently listed for the resumption of a part-heard threshold hearing.