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Key decisions

  • Simonds (deceased) & Coyle [2019] FamCAFC 47
  • Keating [2019] FamCAFC 46
  • Maddax & Danner [2019] FamCAFC 38
  • Skivington [2019] FamCAFC 36


Where de facto wife filed an Amended Initiating Application seeking leave to institute proceedings for property adjustment out of time and after the death of the facto husband

In Simonds (deceased) & Coyle [2019] FamCAFC 47 (26 March 2019) Ms Coyle instituted a de facto financial cause in May 2017. Two months later her partner (Mr Simonds) died after filing a response in which he alleged that separation occurred in October 2013, such that the application was out of time. In May 2018 (10 months after her partner’s death) Ms Coyle filed an amended application for leave to proceed. Judge Egan found that separation did occur in October 2013 but under s 44(6) of the Family Law Act granted Ms Coyle leave to continue the proceedings against the respondent’s estate under s 90SM(8). The executors’ appeal to the Full Court (Strickland, Murphy & Kent JJ) was allowed unanimously and Ms Coyle’s property application was dismissed.

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