Currie v Schmidt [2004] NSWSC 47

Reported Decision : (2004) DFC 95-291

New South Wales Supreme Court

CITATION : Currie v Schmidt [2004] NSWSC 47 HEARING DATE(S) : 5 February 2004 JUDGMENT DATE : 5 February 2004 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : See paragraphs 27 and 28

CATCHWORDS : Family law - De facto relationship - orders sought pursuant to s 20 of the Property (Relationship) Act - orders made. LEGISLATION CITED : Property (Relationships) Act 1984 PARTIES : Anita Carlotte Currie - plaintiff Mark Darren Schmidt - defendant FILE NUMBER(S) : SC 1829/03 COUNSEL : M A Bradford - plaintiff No Appearance - defendant SOLICITORS : Bruce Jay Solicitor Avoca Beach - plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master Macready

Thursday 5 February 2004

1829/03 Anita Carlotte Currie v Mark Darren Schmidt JUDGMENT 1 Master: This is an application under the Property (Relationships) Act 1984 in which the plaintiff is seeking orders under s 20 of the Act. There is no appearance for the defendant on the hearing and I am satisfied on the affidavit evidence that the defendant has had adequate notice of these proceedings.

2 The defendant has in fact filed a notice of appearance and has been directed to file any affidavit evidence on which he wishes to rely on a number of occasions. He has filed no such affidavit evidence. As I have said, I am satisfied that he has had adequate notice of today's hearing.

3 The plaintiff was born on 26 February 1963 and the defendant on 26 February 1969. They commenced cohabitation in May 2000 and lived together for various periods, ultimately separating on 20 August 2002. The plaintiff, in her evidence, refers to her cohabitation having had separations on a number of occasions, mainly, she said, because the relationship was volatile and a somewhat rocky one.