WHYTE & BRITTON

[2014] FCCA 2940

FEDERAL CIRCUIT COURT OF AUSTRALIA

WHYTE & BRITTON [2014] FCCA 2940

Catchwords:
FAMILY LAW – Financial – jurisdiction – de facto property matter – question of when the relationship concluded – no accrued jurisdiction if there is no jurisdiction in the Federal Law matter.

Legislation:

Family Law Act 1975, pt.VIIIAB

Federal Circuit Court of Australia Act 1999, ss.14, 18
Property Law Act 1974

Australian Family Law, LexisNexis Butterworths

Coshott v Prentice [2013] FCA 1196
Petrotimor Companhia de Petroleos SARL v Commonwealth of Australia [2003] FCAFC 83

Applicant: MS WHYTE

Respondent: MR BRITTON

File Number: BRC 11222 of 2013

Judgment of: Judge Cassidy

Hearing date: 25 November 2014

Date of Last Submission: 25 November 2014

Delivered at: Brisbane

Delivered on: 18 December 2014

REPRESENTATION

Solicitors for the Applicant: Mr D J Evans of Evans & Company Family Lawyers

Solicitors for the Respondent: Mr P Carmont of Buchanan Legal

ORDERS

1. That the preliminary issue of the date of separation be set down for final hearing for not more than two (2) days, at 10.00am on 7 August 2015 and 10.00am on 10 August 2015 in the Federal Circuit Court of Australia at Brisbane.

2. That the Applicant pay the setting down fee, and if the trial is listed for more than one day any applicable hearing fees, or make application for waiver or exemption of such fee(s) no less than seven (7) days prior to the final hearing.

3. That each party file and serve on each other party no later than 4.00pm on 10 July 2015:

   (a)One affidavit setting out any further evidence in chief; and

   (b)One affidavit of each witness intended to be relied upon at trial.

4. That each party file and serve on each other party no later than 4.00pm on 28 July 2015, a case outline setting out:

   (a)A precise minute of the final orders sought;

   (b)A relevant chronology;

   (c)A list of affidavits and applications and/or responses (where appropriate) intended to be relied upon at trial; and

   (d)A statement of evidence which they say supports the principles contained in the relevant sections of the Family Law Act1975.

5. That no party shall be entitled to rely on any affidavit material not filed and served in accordance with these directions without leave of the Court first had and obtained.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 11222 of 2013

MS WHYTE

Applicant

And

MR BRITTON

Respondent

REASONS FOR JUDGMENT

Introduction

1. The parties in this matter are in disagreement about the length of the relationship.  The respondent, Mr Britton, contends that the relationship ended in 2007 and did not resume.  The applicant, Ms Whyte, argues that the relationship concluded late in 2013. 

The Law

1. The significance of the dispute about the ending of the de facto relationship is because Part VIIIAB of the Family Law Act 1975 (Cth) (as amended)…