Event and Time
Event Description
This case revolves around a family law application by Ms. Backus for declarations related to the duration of her de facto relationship with Mr. Abano, while he is concurrently facing serious criminal charges of sexual assault against her daughters.
Application and Claims
- Applicant: Ms. Backus
- Claims that the de facto relationship with Mr. Abano continued until late 2020, and therefore seeks confirmation for commencing proceedings within the two-year limitation period outlined in the Family Law Act 1975 (Cth).
- Respondent: Mr. Abano
- Argues that the de facto relationship ended in 2012 and seeks a stay of the family law proceedings until the resolution of his criminal trial which involves potential self-incrimination if he were to testify in the family law proceedings.
Judicial Decisions
- The proceedings initiated by Ms. Backus are stayed until the conclusion of Mr. Abano's criminal trial.
- The hearing scheduled for April 26, 2022, is adjourned, and Ms. Backus may reapply for a hearing after the conclusion of the criminal trial.
- Costs for the application and associated adjournments are reserved for both parties.
Dispute Points and Legal Basis
Dispute Points
- Ms. Backus contends that her de facto relationship with Mr. Abano persisted until late 2020.
- Emphasizes the necessity of determining the relationship's end to allow timely legal action. - Argues against the stay, highlighting the prejudice it poses to her case and preparation.
- Mr. Abano counters that the relationship ended in 2012 and asserts that proceeding with the family law case risks violating his right to silence in criminal proceedings.