Event and Time
Event Description
This case revolves around a de facto relationship between Mr. Cane and Ms. Kemble, where the Court was tasked with determining the date of separation and whether Mr. Cane could file for property division outside the typical time limits. The court's decision was influenced by the background of their relationship, the complexities surrounding their cohabitation, and the timing of their separation.
Application and Claims
- Mr. Cane seeks a declaration of the date of separation and requests leave to file his application for property division out of time.
- Ms. Kemble argues that the parties' separation occurred earlier than claimed by Mr. Cane and opposes his claims regarding the property division.
Judicial Decisions
The Court agreed with Mr. Cane that he and Ms. Kemble were in a de facto relationship for at least two years and declared their relationship ended around September/October 2016. The Court granted Mr. Cane leave to file his application for property division out of the time limit. No costs were awarded, and Judge Jenkins was recused from further hearings.
Dispute Points and Legal Basis
Dispute Points
- Dating and Cohabitation: Disagreements exist over when the parties commenced cohabitation and the actual date of separation.
- Property and Business Claims: Mr. Cane claims that the businesses opened by Ms. Kemble were a joint venture, while Ms. Kemble disputes this and asserts that Mr. Cane's role was different.
- Credibility: Adverse findings of credit against both parties were noted, including allegations of tampering with evidence.
- Timing for Filing: Mr. Cane was initially out of time to file for property division, raising issues of hardship and potential prejudice to both parties.
Ruling and Impact
Ruling Result
The Court ruled as follows: