Event and Time
Event Description
- Matter involves a defended threshold hearing in family law regarding the Applicant's request for leave to issue property proceedings
- The proceedings are under the Family Law Act 1975 (Cth) concerning a de facto partnership
- The core issue revolves around the length of the relationship and the commencement of cohabitation
Application and Claims
- Applicant (Mr. Mendez): Seeks leave under section 44(6) of the Family Law Act to issue property settlement orders despite being out of time. Claims that cohabitation began in May 1989; separation occurred in April 2014.
- Respondent (Ms. Navarro): Disputes the Applicant's timeline and asserts that cohabitation did not begin until 1989 and that separation occurred in 2012 while living under the same roof. She highlights incidents of family violence.
Judicial Decisions
- Court grants the Applicant leave to bring proceedings out of time pursuant to section 44(6).
- Scheduled a Conciliation Conference for 30 November 2023, with directives for document exchange and confidential outlines prior to the hearing.
- The matter is adjourned to 24 January 2023 for a Mention Hearing.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Argues that they began cohabiting in May 1989. - Asserts separation occurred in April 2014 after a confrontation leading to intervention order proceedings. - Claims he did not have a formal conviction related to the assault against the Respondent.
- Respondent's Claims:
- Contends that cohabitation commenced later than the Applicant suggests and characterizes separation as occurring in 2012. - Claims that two earlier incidents of family violence occurred in 2001 and 2006. - Describes the impacts of the alleged violence on her health and employment status.