Quincy & Mortimer [2026] FedCFamC2F 32 (16 January 2026)

(a) a de facto relationship within the meaning of the Act existed between the Applicant and the Respondent; and

(b) the duration of the de facto relationship was for the period from January 2025 to August or September 2025 at the latest.

1. The Applicant has leave to proceed with his application as the requirements in s 90SB(c)of the Act are satisfied.

1. The Respondent, her servants and/or agents be and are hereby restrained by injunction pursuant to s 114(2A)(c) of the Act from selling, encumbering or disposing of the interest of the parties or either of them in the following assets unless otherwise agreed between the parties in writing:

(a) Stihl pol saw;

(b) New welder;

(c) Electric bike and charger;

(d) Brand new air compressor;

(e) Tools;

(f) Couch new leather electric;

(g) Old couch 2 seater;

(h) Whipper Snipper;

(i) Sit down games table - electric;

(j) Cage trailer;

(k) Electric tools;

(l) Brother's antique necklace;

(m) Electric wheelchair motor (brand new);

(n) Karcher gerni;

(o) Vacuum cleaner;

(p) New hoover vacuum;

(q) Coin collection;

(r) Car charger;

(s) Brushcutter;

(t) Grandfather's war medal;

(u) Electric bed;

(v) Fencing tools;

(w) Post hole drill;

(x) Gold detector;

(y) Antique cabinet and meat cabinet;

(z) Blue tooth speaker;

(aa) Paintings;

(bb) New house lamps x 2;

(cc) New remote - control car;

(dd) Amplifier and speakers;

(ee) Work clothes and other clothes;

(ff) Digger buckets;

(gg) DVD collection and games;

(hh) DVD players x 2;

(ii) Wedding ring;

(jj) Key to motor vehicle; and

(kk) Tax documents and personal paperwork.

1. Within 14 days of the date of these Orders, the parties reach agreement as to a suitable date for the Respondent to permit an agent of the Applicant to enter the Respondent's premises and collect documents and other property listed in Order 3 of these Orders provided that those items are in her possession and control.

1. The real property situated at B Street, Suburb D in the State of Victoria (the 'Property') be forthwith listed on the market for sale on the following terms and conditions:

(a) The parties sign all necessary documents to enable the Property to be placed on the market for sale within fourteen (14) days of the date of these Orders;

(b) The real estate agent to manage the sale of the property shall be agreed between the parties, and failing agreement, as nominated by the President of the Real Estate Institute of Victoria (REIV) and/or his nominee (the 'Agent');

(c) The Property is to be sold by such manner of sale as recommended by the Agent and as agreed between the parties, and failing agreement, as fixed by the Agent;

(d) The listing price for the Property shall be agreed between the parties in writing, and in the absence of agreement reached, as nominated by the Agent;

(e) The contract of sale shall provide for a settlement period as recommended by the Agent unless otherwise agreed between the parties;

(f) The parties shall cooperate in every way with the Agent including but not limited to:

(i) Making the keys to the Property available to the Agent;

(ii) Allowing inspection of the Property at all reasonable times as requested by the Agent;

(iii) Not doing or saying anything that would prevent the sale of the Property being affected;

(iv) Ensuring the Property, including the grounds, are in a neat and clean condition at all time of inspection by the Agent and prospective purchasers;

(v) Signing all documents requested by the Agent relating to the listing for sale of the Property, except a contract or agreement for sale which has not been authorised by the parties; and

(vi) Following the Agent's reasonable direction and advice, conducting further works at the Property which would maximise the sale price.

1. Pending settlement of the sale of the Property neither party shall encumber the Property without the prior consent in writing of the other party as to give effect to these Orders.
2. Upon settlement of the sale of the Property the proceeds be applied, as follows:

(a) Firstly, to pay all costs, commissions and expenses of the sale;

(b) Secondly, the amount of $50,000 to be held in the Trust Account of Alpass and Associates; and

(c) Thirdly, the balance to be distributed, as follows:

(i) 40 per cent to the Applicant; and

(ii) The balance to the Respondent.

1. If any party fails to, neglects, repudiates, or refuses to sign or execute any such document pursuant to s 106A of the Family Law Act 1975 (Cth), a Registrar of the Federal Circuit and Family Court of Australia is hereby appointed to sign or execute each and every document on behalf of the defaulting party.
2. Pending the completion of the sale:

(a) The Respondent have the sole right to occupy the Property and during such right of occupation the Respondent pay all instalments pursuant to the rates and taxes and like apportionable outgoings of the Property as they fall due; and

(b) The parties hold their respective interest in the Property upon trust pursuant to these Orders.

1. Either party have liberty to apply as to implementation or enforcement of these Orders upon giving of 7 days written notice to the other.

1. The parties agree that the jurisdictional facts are satisfied for the Court to exercise its power under 90SM to effect a division of property given the substantial contributions made by each party and the serious injustice to each of them should this Honourable Court not make such a division.
2. The parties agree to the Orders herein by Consent in the following terms.

1. It is the Applicant's position that all items listed in Order 3 of these Orders were at the Property at the time he left the property on a permanent basis. It is the Respondent's position that many items listed in Order 3 of these Orders were not at the Property and have not been sold or discarded by the Respondent. The issue of these items remains the central issue in dispute between the parties.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These are proceedings seeking orders for the alteration of property interests pursuant to s 90SM of the Family Law Act 1975 (Cth) ("the Act") between Mr Quincy ("the Applicant") and Ms Mortimer ("the Respondent") on the basis that they were in a de facto relationship.
2. The jurisdiction and power of this Court to make any of the orders sought in either the Application for Final Orders filed 27 November 2025 or the Response to Final Orders filed 11 December 2025 depends on whether the parties satisfy one of the requirements in s 90SB of the Act, which states as follows:

A court may make an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL, in relation to a de facto relationship only if the court is satisfied:

(a) that the period, or the total of the periods, of the de facto relationship is at least 2 years; or

(b) that there is a child of the de facto relationship; or

(c) that:

(i) the party to the de facto relationship who applies for the order or declaration made substantial contributions of a kind mentioned in paragraph 90SM(4)(a), (b) or (c); and

(ii) a failure to make the order or declaration would result in serious injustice to the applicant; or

(d) that the relationship is or was registered under a prescribed law of a State or Territory.

Note: For child of a de facto relationship, see section 90RB.

[emphasis removed]

1. The Application in a Proceeding filed 27 November 2025 ("AIP") concurrent with the Application for Final Orders, sought urgent restraint orders preventing the sale, encumbrance or disposal of a long list of assets. The AIP came before a Senior Judicial Registrar ("SJR") on 17 December 2025 who considered that there was a jurisdictional issue to be determined and that he does not have delegated power to make the orders sought on the AIP. Accordingly, he made orders on 17 December 2025 for the proceedings to be transferred to me for determination on the papers and by consent.
2. The issue for determination is whether the Court is able to make the orders sought by the parties in the minute of consent orders provided to the Court on 17 December 2025. Namely, if the Court has jurisdiction and power pursuant to Part VIIIAB of the Act. It is settled in law that this issue is not one for the parties but for determination of the court.[1]
3. For the purpose of determining the issue referred to at [4] of these reasons and deciding if the orders sought should be made, the Court has considered the following:
   • The Applicant's affidavit filed 27 November 2025;
   • The Respondent's affidavit filed 11 December 2025;
   • The Applicant's Application for Final Orders filed 27 November 2025;
   • The Applicant's Application in a Proceeding filed 27 November 2025;
   • The Respondent's Response to Final Orders filed 11 December 2025;
   • Written submissions filed by the Applicant and the Respondent on 13 January 2026.

1. It is discerned from the parties' affidavits and I find as follows:
   • The parties commenced their personal relationship in or around January 2025 and lived under the one roof in the Applicant's property at Suburb C ("the Suburb C property");
   • In around April/May 2025, the parties entered into a contract to purchase a property together at B Street, Suburb D in Victoria ("the Suburb D property"), for $950,000;
   • The parties became engaged to be married in 2025;
   • The Applicant sold the Suburb C property and contributed just over $400,000 from the sale towards the purchase of the Suburb D property;
   • The Respondent had an interest in a property she owned with her former spouse at Suburb E. That property was sold and the sale completed in June 2025. She contributed at least $510,000 towards the purchase of the Suburb D property. She also states that she paid the deposit of $93,030, which may be the case but the settlement statement at Annexure F to her affidavit does not confirm that amount. The figures do not fully bear out a deposit of that sum, but I accept that a deposit was paid;
   • The parties subsequently moved into the Suburb D property and lived together at that address until separation in August/September 2025;
   • The parties are both aged in their 50s and do not have children together;
   • The Applicant moved out of the Suburb D property at separation;
   • The Respondent has made allegations of family violence against the Applicant and obtained a Final Intervention Order in late 2025, which was made without admissions on the Applicant's part; and
   • It is uncontroversial that the geographic requirement referred to in s 90SD of the Act is satisfied because both parties are residing in the state of Victoria.

1. The findings at [6] satisfy the court that the parties cohabited in a bona fide domestic relationship between January and August/September 2025, acquired joint property, and demonstrated a mutual commitment to a shared life as they were intimate and became engaged to be married.
2. The Court is satisfied that they were in a de facto relationship within the meaning of s 4AA of the Act. However, the facts establish that the relationship was at most for a period of eight months.
3. As the parties do not have children and there is no evidence that their relationship was registered under a prescribed State or Territory law, by virtue of s 90 SB of the Act, the Court does not have power to make any of the orders sought by either party unless it is satisfied that:

(a) Either party made significant direct or indirect financial or non-financial contributions to the parties' property; and

(b) The failure to make orders would result in serious injustice.

1. The Court has found that each party contributed hundreds of thousands of dollars to the jointly-owned Suburb D property. Although the parties could agree to sell the property and divide the proceeds of sale in the proportions in which they acquired that property as tenants in common, they do not agree that is the only thing that ought to happen. There is dispute about the existence, ownership, and right to possession of tools and equipment and other items.
2. The Applicant states that he has attempted to reach an agreement and obtain items belonging to him, but that the Respondent has not cooperated in that respect. The Respondent denies this is the case, but it is apparent that both parties now agree with many of the orders that ought to be made.
3. The Court is satisfied that, because of the contributions the parties have each made to the Suburb D property and the dispute in relation to the Applicant's entitlement to other property items said to be located there, a failure to make orders in this Court would result in serious injustice to the Applicant.
4. In view of the reasons given, the Court is satisfied that there is jurisdiction and power to hear and determine these proceedings because the requirements in s 90SB(c) of the Act are satisfied.
5. The Court makes a declaratory order pursuant to s 90RD of the Act, namely that the parties were in a de facto relationship for a period of seven months between January and August 2025. Further and for the avoidance of doubt, there will be an order that the Applicant has leave to proceed with his application because the requirements in s 90SB(c) of the Act are satisfied.
6. The parties had produced a minute of orders sought by consent when they appeared before the SJR on 17 December 2025. [2] They have asked that those orders be made if the court is satisfied that there is jurisdiction. Accordingly, there will be orders in the terms of the joint minute.

I certify that the preceding fifteen (15) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Taglieri.

[1] Sinclair & Whitaker [2013] FamCAFC 129 at [65].