Tang & Vo

Case [2016] FCCA 880


FEDERAL CIRCUIT COURT OF AUSTRALIA

TANG & VO [2016] FCCA 880
Catchwords:
FAMILY LAW – De facto property jurisdiction – whether it is necessary to establish that the parties lived together – whether the parties did in fact live together – Elias principle.
Legislation:
Family Law Act 1975, ss.4AA, 60B, 60CA, 60CC, 61DA, 65DAA, 90SB, 90SM
Evidence Act 1995, s.128
Cases cited:
Ricci v Jones [2011] FamCAFC 222
Moby v Schulter (2010) FLC ¶93-447, [2010] FamCA 748
Elias (1977) 29 FLR 393, (1977) 3 Fam LR 11,496, (1977) FLC 90-267
JPDJ v DADJ [2005] FMCAfam 86
Nelson v Nelson (1995) 184 CLR 538, (1995) 184 CLR 538, (1995) 132 ALR 133, (1995) 70 ALJR 47, [1995] 19 Leg Rep 14, [1996] ANZ ConvR 280, [1995] HCA 25
Browne v Dunn (1893) 6 R 67
Applicant: MR TANG
Respondent: MS VO
File Number: MLC 9225 of 2015
Judgment of: Judge Riley
Hearing date: 2 & 3 March 2016
Date of last submission: 23 March 2016
Delivered at: Melbourne
Delivered on: 19 April 2016

REPRESENTATION

Counsel for the applicant: Mr Nguyen
Solicitors for the applicant: Winstan Lawyers
Counsel for the respondent: Mr Tesoriero
Solicitors for the respondent: Indovino’s Lawyers

ORDERS

  1. The application filed on 30 September 2015 be dismissed.

DIRECTIONS

  1. The Registrar refer this matter to the State Revenue Office for investigation into whether the respondent received a stamp duty exemption and/or a first homeowners’ grant to which she was not entitled.

  2. The Registrar make available to the State Revenue Office a copy of these orders and the reasons for judgment, and such other documents from the court file as the State Revenue Office may require for its investigation.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 9225 of 2015

MR TANG

Applicant

And

MS VO

Respondent

REASONS FOR JUDGMENT

Introduction

  1. This is an application for de facto property settlement.  A preliminary question has arisen as to whether there was a de facto relationship between the parties.  The applicant, Mr Tang, asserts that there was.  The respondent, Ms Vo, accepts that they had a casual, dating relationship but denies that it was a de facto relationship.

  2. During the relationship, Mr Tang was unemployed for the bulk of the time and Ms Vo worked as a (occupation omitted).  Mr Tang now runs an (omitted) business.

  3. It is common ground that:

    a)the parties had a sexual relationship between 2008 and 2014;

    b)during that time, they had a number of overseas holidays together, including to (country omitted) and (country omitted);

    c)they attended family gatherings as a couple, where they were introduced to and met various relatives as a couple;

    d)they attended weddings as a couple;

    e)Ms Vo bought a property at Property O in her sole name in 2011 and sold it in 2014;

    f)Mr Tang lived at the Property O property…

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Details
AGLC
Tang & Vo [2016] FCCA 880
Case
[2016] FCCA 880
Decision Date

CaseChat Overview and Summary

In the matter of *Tang & Vo*, heard before Judge Riley, the court considered an application that was ultimately dismissed. The core of the dispute, as revealed by the directions issued, concerned potential entitlements to a stamp duty exemption and/or a first homeowners’ grant by the respondent, which the State Revenue Office was to investigate for potential impropriety.

The central legal issue before the court was to determine the validity of the application before it, which, given the subsequent directions, appears to have been related to the respondent's eligibility for government grants or exemptions. The court was implicitly tasked with assessing whether the application should proceed or be dismissed, and whether further investigation by a state revenue authority was warranted.

Judge Riley dismissed the application. In reaching this decision, the court directed the Registrar to refer the matter to the State Revenue Office for an investigation into whether the respondent had received a stamp duty exemption and/or a first homeowners’ grant to which she was not entitled. The Registrar was further ordered to provide the State Revenue Office with a copy of the court's orders, reasons for judgment, and other relevant documents from the court file to facilitate this investigation.

Orders

Orders of the court

1.

The application filed on 30 September 2015 be dismissed.

DIRECTIONS

2.

The Registrar refer this matter to the State Revenue Office for investigation into whether the respondent received a stamp duty exemption and/or a first homeowners’ grant to which she was not entitled.

3.

The Registrar make available to the State Revenue Office a copy of these orders and the reasons for judgment, and such other documents from the court file as the State Revenue Office may require for its investigation.

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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