Corelli & Beroni

In the matter of Corelli & Beroni, the applicant, aged 53, and the respondent, aged 88, were engaged in a legal dispute concerning the existence of a de facto relationship and the associated financial entitlements. The case was heard in a relevant Australian court, where the applicant sought several orders, including a declaration of a de facto relationship, the setting aside of a financial agreement, property settlement, maintenance, costs, and an order under section 106B of the Family Law Act 1975 (Cth) regarding asset transactions since cohabitation. The applicant, who arrived in Australia in 2009, and the respondent, a wealthy individual, commenced cohabitation between January and May 2010. The respondent provided the applicant with financial support until the end of November or early December 2016. The applicant sought to declare the relationship as de facto and challenge a financial agreement made in 2011, while the respondent contested these claims.

The primary legal issues before the court were whether a de facto relationship existed between the parties and, if so, the appropriate division of property and financial support. The court needed to determine if the relationship met the criteria for a de facto relationship under the Family Law Act 1975 (Cth), including the nature and duration of the relationship, the level of financial interdependence, and the extent to which the relationship was genuine. The court also had to assess the validity of the financial agreement made in 2011 and its implications for the property settlement and maintenance claims.

The court examined the evidence provided by both parties, including the affidavits and financial statements. It considered the nature of the relationship, the financial support provided by the respondent, and the circumstances of the separation. The court found that a de facto relationship did exist between the parties, as they had a genuine relationship characterised by a significant degree of financial interdependence and shared a household on a day-to-day basis for a substantial period. The court set aside the financial agreement due to its unfairness and ordered a property settlement and maintenance payments in favour of the applicant. The court also granted the applicant's order under section 106B, requiring the respondent to account for asset transactions since cohabitation.

The court issued several orders in favour of the applicant, including a declaration of a de facto relationship, the setting aside of the financial agreement, a property settlement, and maintenance payments. The court also ordered the respondent to provide an account of all asset transactions since the commencement of cohabitation. These orders reflect the court's determination that the relationship met the criteria for a de facto relationship and that the financial agreement was unfair. The court's decision ensures that the applicant receives appropriate financial support and a fair division of property.