Tarancon and Mahdi

Case

[2017] FCCA 442

14 March 2017


Details
AGLC Case Decision Date
Tarancon and Mahdi [2017] FCCA 442 [2017] FCCA 442 14 March 2017

CaseChat Overview and Summary

In the matter of Tarancon and Mahdi, Judge Cole of the Federal Circuit and Family Court of Australia was required to determine whether a de facto relationship existed between the applicant and the respondent, and to make orders for the settlement of property consequent upon that determination.

The primary legal issue before the Court was the existence of a de facto relationship under section 91RD(1) of the *Family Law Act 1975* (Cth). Following a declaration that such a relationship did exist, the Court was then tasked with dividing the parties' property and financial resources.

The Court declared that a de facto relationship existed between the parties. In full and final settlement of all claims, the applicant was to retain all her existing property, assets, and resources, including savings, investments, a motor vehicle, furniture, real property in her possession, superannuation, life insurance, compensation and damages claims, choses in action, and all other assets under her control. Similarly, the respondent was to retain all his existing property, assets, and resources. Additionally, the respondent was ordered to pay the applicant the sum of $482,766.88 and one half of the setting down and hearing fees paid by the applicant within sixty days. Liberty to apply was granted for consequential orders, and the proceedings were otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Contract Formation

  • Remedies

  • Costs

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

Singer v Berghouse [1994] HCA 40
Vass & Vass [2015] FamCAFC 51
Shan & Prasad [2018] FamCAFC 12