Campbell and Schmidt

In *Campbell and Schmidt*, heard before Judge Small, the central dispute concerned the existence of a de facto relationship between the parties, which was a prerequisite for the court's jurisdiction under the relevant Act. The applicants sought declarations and orders concerning property settlement, but the respondent contested the court's authority to hear the matter, arguing that no de facto relationship, as defined by the legislation, had ever existed.

The primary legal issue before the court was to determine whether the relationship between the parties met the statutory definition of a de facto relationship. This required an examination of the criteria stipulated in the Act, which typically involve factors such as the duration of the relationship, the nature and extent of common residence, whether a sexual relationship existed, the degree of financial dependence or interdependence, the ownership, use and acquisition of property, the degree of mutual commitment to a shared life, the reputation and public acknowledgment of the relationship, and the care and support of children.

Judge Small's reasoning focused on the evidence presented regarding the nature of the parties' interactions and living arrangements. The court applied the principles established in case law concerning the interpretation of de facto relationship provisions, emphasising that the assessment is a holistic one, considering all relevant circumstances. Ultimately, the court found that the evidence did not establish that the parties had cohabited in a de facto relationship as defined by the Act.

Consequently, the court declared that no de facto relationship existed between the parties. As a result, the Amended Initiating Application filed on 16 September 2014 was dismissed for want of jurisdiction, and all other extant applications were also dismissed.