Balbosa & Debrino

In the matter of *Balbosa & Debrino*, Ms Balbosa was the applicant and Mr Debrino was the respondent before Burchardt J. The dispute concerned property settlement following the breakdown of the parties' relationship.

The court was required to determine whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth), and if so, to make orders regarding the division of their property. A key issue was the nature and duration of their cohabitation, particularly given the wife's assertions of separation and the husband's alleged absence.

Burchardt J considered evidence regarding the parties' cohabitation, including their marriage in 2009, their living arrangements which often involved separate bedrooms, and the husband's periods of absence. The court noted the wife's testimony that the relationship was tumultuous and "on and off," and her admission that she had filed for divorce multiple times. Evidence was also presented concerning a Centrelink form, which suggested the parties were living separately but under one roof, with conflicting statements about intimacy and shared bedrooms. The court acknowledged that the husband had not been cross-examined on the handwriting of the Centrelink form. The legal principle applied was the assessment of whether the factual circumstances met the definition of a de facto relationship under the *Family Law Act 1975* (Cth), considering the totality of the evidence.

The court ordered that the parties confer and forward a minute of orders reflecting the reasons for judgment within seven days. If agreement could not be reached, the matter was to be listed for oral argument.