Territory Stories

Balance

Details:

Title

Balance

Collection

Law Society Northern Territory; PublicationNT; E-Journals

Date

2018

Notes

This publication contains many links to external sites. These external sites may no longer be active.; Made available via the Publications (Legal Deposit) Act 2004 (NT).; Celebrating 50 years 1968 - 2018 Law Society NT

Language

English

Subject

Law -- Northern Territory -- Periodicals.; Law Society of the Northern Territory -- Periodicals.

Publisher name

Law Society Northern Territory

Place of publication

Darwin

Volume

Issue no. 1

Copyright owner

Law Society Northern Territory

Parent handle

https://hdl.handle.net/10070/294620

Citation address

https://hdl.handle.net/10070/396081

Page content

N O T I C E B O A R D L A W S O C I E T Y N T Robert GladeWrights family law case notes Robert Glade-Wright, author and editor of the family law book familylawbook.com.au P R O P E R T Y Fly in fly out worker was in a de facto relationship In Cuan & Kostelac [2017] FamCAFC 188 (12 September 2017) the Full Court (Strickland, Aldridge & Loughnan JJ) dismissed with costs Ms Cuans appeal against Judge Baumanns declaration that she and Mr Kostelac had lived together in a de facto relationship. She argued that the parties were never de facto partners, that while she lived at the respondents home in Town L she was a fly in fly out worker who travelled to live with her children in City N for two weeks after each six-week block of work in Town L. She said that in Town L she lived in the respondents flat rent-free in exchange for her looking after him, doing his housekeeping and helping him manage his money ([4]). She said that they travelled overseas together between 2010 and 2014 as friends. Judge Baumann found that the parties lived together in a de facto relationship between April 2007 and late 2010, also granting the respondent leave to issue his property proceedings pursuant to s 44(6). The Full Court said (at [7]) that Judge Baumann in the context of the matters set out in s 4AA(2) of the Family Law Act had found: A common (though not exclusive) residence in Town L A sexual relationship (in Town L only) Significant intermingling of funds (Ms C had authority to operate Mr Ks bank accounts. $93 000 had passed from his accounts to hers and been used to reduce mortgages over two properties of hers in City N) Overseas travel but not as a mutual commitment to a shared life (separate rooms or beds) Others in Town L saw them as a couple (although little evidence) Evidence of Ms Cs children that the relationship was not intimate The Full Court said (at [15]) that if the finding of a de facto relationship is open on the evidence then no error will be identified, even if other judges may have come to a different conclusion. http://familylawbook.com.au


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