Carter v Stapleton

In the matter of Carter versus Stapleton, the court was tasked with determining the nature of the relationship between the parties and whether it constituted a de facto relationship under the Family Provision Act 1969 (NSW). The case was heard by the Supreme Court of New South Wales, Equity Division. The central issue was whether the deceased had made oral statements that could be admitted as evidence, which would support the claimant's argument that a de facto relationship existed.

The legal issues before the court included the interpretation of the term 'de facto relationship' under the Act, the admissibility of oral statements made by the deceased, and the effect of such statements on the determination of the nature of the relationship between the parties. The court had to consider whether the statements, if admitted, could establish that the relationship between the claimant and the deceased was of a de facto nature, thereby entitling the claimant to make a claim under the Act.

The court found that the deceased had made oral statements that were relevant to the nature of the relationship, and these statements were admissible as evidence. The court emphasised that the relationship was not a mere casual association but involved a significant level of commitment and dependency. The court held that the relationship was indeed a de facto relationship under the Act, as the deceased and the claimant had been living together in a domestic partnership and sharing a life on a day-to-day basis. The court's decision was based on the evidence of the oral statements, the nature of the relationship, and the dependency between the parties.

The court ordered that the claimant was entitled to a reasonable provision from the deceased's estate under section 32 of the Family Provision Act 1969 (NSW). The court directed that the estate be distributed in accordance with the provisions of the Act, recognising the de facto relationship and the dependency between the parties.