Event and Time
Event Description
- Date Initiated: 4 September 2018
- Proceedings related to property adjustment under s 90SM of the Family Law Act 1975 (Cth).
- Application for a declaration of a de facto relationship pursuant to s 90RD of the Act.
Application and Claims
- Applicant (Mr Innocenti):
- Claimed that the parties were in a de facto relationship from late 2007 until November 2016 (9 years). - Sought costs for the hearing of his application regarding the de facto relationship declaration.
- Respondent (Ms Napoliello):
- Argued that no de facto relationship existed based on the legal definition and asserted a shorter duration of any relationship, if found. - Filed for dismissal of the applicant’s claims.
Judicial Decisions
- The court found that the parties did form a de facto relationship from April 2012 to November 2016.
- The respondent was ordered to pay the applicant's costs of $12,000 for the s 90RD hearings and $2,000 for the application for costs, both payable within 21 days.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Asserted a long-term de facto relationship lasting nine years. - Sought indemnity costs due to the respondent's resistance and absence of success.
- Respondent's Arguments:
- Denied any de facto relationship existed or claimed minimal duration. - Contested the applicant's right to costs, arguing for dismissal of the costs application and maintaining that costs should be reserved for the final hearing of another claim.