BIGGAR & CROW

In the matter of *Biggar & Crow*, Rees J of the Family Court of Australia considered an application by the applicant seeking a declaration that a de facto relationship existed between himself and the respondent. The applicant sought to enliven the jurisdiction of the Family Court under the *Family Law Act 1975* (Cth).

The central legal issue before the court was whether, on the balance of probabilities, the parties were in a de facto relationship as a couple living together on a genuine domestic basis, as defined by section 4AA of the *Family Law Act 1975* (Cth). This required an examination of the nature and quality of the relationship between the applicant and the respondent, considering various factors indicative of such a relationship.

Rees J found that the evidence did not establish the existence of a de facto relationship. The applicant described the relationship as "clandestine" and "the worst kept secret," yet provided little evidence to support this assertion beyond his own statement. Crucially, the parties did not holiday or travel overseas together, and the applicant had not disclosed the relationship to his mother until much later, nor to anyone else. Witness testimony from Mr H, Ms J, and Mr K further indicated that they did not perceive the parties as being in a de facto relationship, describing their connection as a strong friendship rather than a romantic or sexual partnership, and noting a lack of physical affection or endearment.

Consequently, Rees J declared that no de facto relationship existed between the applicant and the respondent, and ordered that the applicant's application be dismissed. The court further ordered that the applicant pay the respondent's costs of the proceedings on a party and party basis, as there were no exceptional circumstances to warrant an order for indemnity costs.