Davies v Richardson [2011] NSWSC 810

Davies v Richardson [2011] NSWSC 810

By late January or early February 2009 the parties no longer had a de facto relationship within Property (Relationships) Act, s 4: they had not cohabited since August 2008, their sexual relationship had ended, attempts at reconciliation had failed and were not being pursued, the plaintiff was in an intimate and publicly presented relationship with another woman, there was no mutual commitment to a shared life, and the remaining financial and parenting dealings were consistent with separation rather than an ongoing domestic relationship. The relationship therefore broke down before 1 March 2009, so the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) did...

Jurisdiction
Australia
Judgment Date
18 July 2011
Procedural Posture
Equity Division Proceedings Concerning De Facto Relationship Property Interests and Jurisdiction / Separate Determination of a Preliminary Question Under UCPR 28.2 as to Whether the Parties' De Facto Relationship Broke Down Before 1 March 2009
Outcome
Preliminary question answered in the affirmative: the parties' de facto relationship broke down before 1 March 2009 and the proceedings were to continue in the Supreme Court of New South Wales.
Legal Topics
['de Facto Relationships' 'breakdown of De Facto Relationship' 'property Adjustment Jurisdiction' 'transitional Provisions' 'property (relationships) Act' 'family Law Act Part Viiiab']
['family Law' 'equity' 'property Law'] ['de Facto Relationships' 'breakdown of De Facto Relationship' 'property Adjustment Jurisdiction' 'transitional Provisions' 'property (relationships) Act' 'family Law Act Part Viiiab']

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Procedural Posture

Equity Division Proceedings Concerning De Facto Relationship Property Interests and Jurisdiction / Separate Determination of a Preliminary Question Under UCPR 28.2 as to Whether the Parties' De Facto Relationship Broke Down Before 1 March 2009

Legal Issues

  1. 1 ["Whether the plaintiff's and defendant's de facto relationship broke down before the commencement of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 on 1 March 2009." "Whether the Supreme Court of New South Wales or the Family Court of Australia had jurisdiction to determine the adjustment of the parties' property interests." 'Whether, as at 1 March 2009, the parties remained in a de facto relationship within the meaning of Property (Relationships) Act 1984, s 4.']

Ratio Decidendi

By late January or early February 2009 the parties no longer had a de facto relationship within Property (Relationships) Act, s 4: they had not cohabited since August 2008, their sexual relationship had ended, attempts at reconciliation had failed and were not being pursued, the plaintiff was in an intimate and publicly presented relationship with another woman, there was no mutual commitment to a shared life, and the remaining financial and parenting dealings were consistent with separation rather than an ongoing domestic relationship. The relationship therefore broke down before 1 March 2009, so the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) did...

Court Disposition

Preliminary question answered in the affirmative: the parties' de facto relationship broke down before 1 March 2009 and the proceedings were to continue in the Supreme Court of New South Wales.

Orders

  • ['Amend the order made pursuant to UCPR 28.2 on 19 October 2010 for the separate determination of a question in these proceedings by changing the question in the Schedule to that order to read "Did the plaintiff\'s and the defendant\'s de facto relationship break down before the commencement of the Family Law...