Event and Time
Event Description
In Shee v Hale, the applicant, Ms. Shee, sought an extension of time to file an appeal against orders made by a judge of the Family Court of Australia on February 18, 2020. The appeal revolves around the determination of the duration of a de facto relationship between Ms. Shee and the respondent, Mr. Hale.
Application and Claims
- Applicant's Claims: Ms. Shee argued that she and Mr. Hale were in a de facto relationship from March 2010 to August 2016, while Mr. Hale contended that this relationship only existed from March 2007 to March 2010.
- Respondent's Claims: Mr. Hale maintained that after March 2010, the parties transitioned into a non-romantic relationship, characterized by a friendship and business relationship in property development.
Judicial Decisions
- The application for an extension of time filed on May 11, 2020, was dismissed.
- Ms. Shee was ordered to pay the respondent's costs of the application as agreed or assessed.
Dispute Points and Legal Basis
Dispute Points
- Claims of Relationship Duration:
- Applicant's Argument: Ms. Shee contended that the primary judge erred by compartmentalizing their relationship into three distinct periods instead of considering it holistically. - Evidence: Ms. Shee presented evidence suggesting continuity in their relationship despite physical separation.
- Respondent's Argument: Mr. Hale argued that the periods described reflected different stages in their relationship—an initial de facto relationship, followed by a friendship and then a business association.
- Judicial Reasoning: The judge analyzed the relationship in segments to contextualize the evidence regarding living arrangements, emotional connections, and financial interdependence.