ADESSO & PEYTON

In the matter of *ADESSO & PEYTON*, heard before Judge McGuire, the dispute concerned a preliminary jurisdictional issue in family law proceedings. The applicant sought to bring proceedings under the *Family Law Act 1975* (Cth) concerning a de facto relationship that lasted less than two years. The central question before the court was whether the jurisdictional threshold, requiring either substantial contributions or severe injustice, had been met to allow the proceedings to continue.

The court was required to determine whether the applicant had established that there were substantial contributions made to the relationship, or that failure to make orders would result in severe injustice. These are the two alternative conditions that must be satisfied for the court to have jurisdiction over a de facto relationship of less than two years duration under section 44(5) of the *Family Law Act 1975* (Cth).

Judge McGuire considered the evidence presented in relation to the nature and extent of the contributions made by the parties during the de facto relationship. The court applied the principles established in case law regarding what constitutes "substantial contributions" and "severe injustice" in the context of the *Family Law Act*. After careful consideration of the facts and the relevant legal principles, the court found that neither of the jurisdictional requirements had been satisfied.

Consequently, the court ordered that the Application filed on 25 June 2018 be dismissed.