ABROON & TALIZ

In the matter of ABROON & TALIZ, the applicant sought a declaration that a de facto relationship existed with the respondent between 2000 and 2014. The respondent did not provide evidence regarding the nature of the relationship prior to 2009. The court was asked to determine whether a de facto relationship existed between the parties for the purposes of family law proceedings and, if so, the periods during which it subsisted.

The court was required to consider the provisions of sections 90RD and 90SK of the *Family Law Act 1975* (Cth). Specifically, the court had to determine its jurisdiction to make a declaration regarding a de facto relationship where the breakdown occurred prior to 1 March 2009, and whether the parties were ordinarily resident in a participating jurisdiction at the time of the application or when the relationship broke down. The court also had to consider the impact of the respondent’s failure to give evidence on the determination of the relationship's existence.

Applying the relevant sections of the *Family Law Act 1975*, the court found that it had jurisdiction to make the declarations sought. The court declared that a de facto relationship existed between the applicant and respondent during specific periods between April 2000 and January 2014, with noted exceptions. The court further declared that the parties were ordinarily resident in a participating jurisdiction when the relationship broke down. In addition to these declarations, the court dismissed all outstanding interim applications and directed that the matter be listed for trial directions. The court also ordered that certain documents be sent to the Chief Justice of the Family Court of Australia for consideration regarding potential offences committed by the parties in relation to receiving benefits while claiming to be single during the de facto relationship.