B v T

The plaintiff commenced proceedings in the Family Court of Australia seeking an adjustment of the parties’ property interests under Part 19 of the Property Law Act 1974 (Qld). The plaintiff pleaded that they and the defendant were in a de facto relationship between 1997 and 1998 in Queensland and that the relationship ended in Victoria in 2001. The defendant denied that the parties were in a de facto relationship and that the court had jurisdiction to exercise its powers under Part 19 of the Property Law Act 1974 (Qld).

The court had to determine whether the parties were in a de facto relationship within the meaning of the relevant provisions of the Property Law Act 1974 (Qld). The court found that the relationship did not meet the criteria for a de facto relationship under the Act because the parties were not in a genuine domestic partnership. The court held that there was no evidence of shared financial responsibilities or other indicators of a relationship of a kind which the legislature intended to be covered by the statute.

The court dismissed the plaintiff’s application for an adjustment of the parties’ property interests. The court found that the relationship between the parties was not a de facto relationship for the purposes of Part 19 of the Property Law Act 1974 (Qld). The application was dismissed with costs.