Carras & Arvanitis

In *Carras & Arvanitis*, heard by Harland J, the applicant, Mr Carras, and the respondent, Ms Arvanitis, were involved in proceedings concerning the existence of a de facto relationship. The core of the dispute revolved around whether the parties had lived together in a de facto relationship, which would have implications for property division under the *Family Law Act 1975* (Cth).

The court was required to determine whether the parties were in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). This involved assessing the evidence presented by both parties, particularly regarding the nature and duration of their cohabitation and financial contributions to a jointly purchased property. The court also had to consider the credibility of the parties, given the conflicting accounts of their relationship.

Harland J found that the applicant bore the onus of proving the existence of a de facto relationship on the balance of probabilities. The court considered all the circumstances of the relationship, rather than applying the factors in section 4AA of the *Family Law Act 1975* (Cth) as a rigid checklist. Despite the respondent's inconsistent evidence, the court was not satisfied that the parties had commenced living together in 2005, nor could it find that the applicant had made a financial contribution to the purchase of a property at B Street, Suburb C, as evidenced by a deed signed by the parties. The court noted the respondent's lack of proper affidavits and the repetitive nature of her filings.

Consequently, the court declared that the parties were not in a de facto relationship pursuant to s.90RD of the *Family Law Act 1975* (Cth). The respondent's application filed on 24 October 2021 was dismissed, as were the initiating application filed on 12 July 2019 and the response filed on 25 November 2019.