Benedict & Peake

In *Benedict & Peake*, heard by Judge Harman, the central dispute concerned whether the parties were in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). The applicant sought to bring proceedings under Part VIIIAB of the Act, which governs financial matters in de facto relationships.

The primary legal issue before the court was to determine whether the parties had been in a de facto relationship as defined by section 4AA of the *Family Law Act 1975* at any time on or after 1 March 2009. This determination was crucial for establishing the court's jurisdiction to entertain the applications made under Part VIIIAB.

Judge Harman found that the parties were not in a de facto relationship within the meaning of section 4AA of the Act at or subsequent to 1 March 2009. Consequently, the court concluded it lacked jurisdiction to hear the applications brought under Part VIIIAB. All outstanding applications and responses were dismissed, and all issues were removed from the court's list. The exhibits and subpoenaed material were ordered to be returned or destroyed upon the expiration of the appeal period without an appeal being lodged.