Wall & Mitchell

In *Wall & Mitchell*, heard before Johnston J, the primary dispute concerned whether a de facto relationship existed between the parties, Mr Mitchell and Ms Wall, for the purposes of the *Family Law Act 1975* (Cth). Ms Wall had filed an initiating application seeking property settlement orders, which Mr Mitchell contested on the grounds that no de facto relationship, as defined by the Act, had ever existed between them.

The central legal issue before the court was to determine whether the relationship between Mr Mitchell and Ms Wall met the criteria for a de facto relationship under Part VIIIAB of the *Family Law Act 1975*. This determination was crucial as it would dictate whether the court had jurisdiction to make property settlement orders under that Part of the Act.

Johnston J found that a de facto relationship, as contemplated by the *Family Law Act 1975*, had never existed between Mr Mitchell and Ms Wall. Consequently, the court declared that Part VIIIAB of the Act was not attracted to their relationship.

As a result of this finding, the court ordered that Ms Wall's initiating application be dismissed. All costs were reserved.