By Robert Glade-Wright and Zoë Durand -
Key decisions
- Cadman & Hallett [2014] FamCAFC 142
- Garraghan & Westerfield (No. 2) [2014] FamCAFC 96
- Jasmit [2014] FCCA 972
- Lad & Gittins [2014] FamCA 439; Spencer & Speight [2014] FamCA 436
Property – De facto relationship existed despite absences in the US by one party – Separation by email
In Cadman & Hallett [2014] FamCAFC 142 (11 August 2014) the Full Court (Strickland, Ainslie-Wallace & Aldridge JJ) dismissed an appeal by Mr Cadman (brought by his case guardian) against a decision of Rees J as to the duration of a de facto relationship between he and Mr Hallett. Mr Cadman had alleged that the relationship ended in 2000 and Mr Hallett, in2010. Between 2000 and 2009, Mr Hallett often travelled to the US to facilitate his studies and exhibit art overseas. The Full Court (at [26]-[28]) found no error in Rees J’s finding that ’many emails between the parties … demonstrated clearly [the parties’] commitment to each other and their shared life … notwithstanding the time that Mr Hallett spent in the United States‘ and holding, on the authorities, that an email from Mr Cadman to Mr Hallett in 2010 saying ‘[l]iving with me in Town N is not right or an option‘ signified his intention to end the relationship.
