Event and Time
Event Description
- The case involves a dispute regarding the existence and duration of a de facto relationship between Mr. Chang (the husband) and Ms. Giang (the wife) as they navigated property interests and potential claims under the Family Law Act 1975 (Cth).
- Mr. Chang initiated legal proceedings on 17 October 2017, seeking alteration of property interests after asserting the de facto relationship lasted from around November 2000 until July 2017.
Application and Claims
- Mr. Chang’s position: He argues that the de facto relationship existed continuously until July 2017 and thus is entitled to apply for final orders regarding property interests within the permitted application period.
- Ms. Giang’s position: She contends that the relationship ended between 2010 and 2012, which places Mr. Chang's application outside the standard two-year application period post-separation. She asserts that Mr. Chang’s claims lack reasonable prospects of success and seeks the dismissal of his application.
Judicial Decisions
1. Dismissal of Ms. Giang's application for summary dismissal of Mr. Chang's Application for Final Orders. 2. A declaration, pursuant to s 90RD of the Family Law Act, that a de facto relationship existed between the parties from around November 2000 until July 2017. 3. Mr. Chang to quantify costs incurred in dealing with the application, to be served within 14 days. 4. Reserved judgment on costs and set a date for further directions.
Dispute Points and Legal Basis
Dispute Points
- Allegations of Relationship Duration:
- Ms. Giang’s Argument: - Claims the de facto relationship ceased in early 2012. - Asserts Mr. Chang’s application for property interests is outside the standard application period and requires court leave to continue. - Mr. Chang’s Argument: - Claims that separation did not occur until July 2017 and that his application is valid within the standard time frame.