Dakin v Sansbury

The case of Dakin v Sansbury involved the applicant, Dakin, seeking a declaration that they were in a de facto relationship with the respondent, Sansbury, under section 90RD of the Family Law Act 1975. The application was made for the purposes of obtaining an order under section 90SM of the same Act. The primary issue was whether the relationship between the parties met the criteria for a de facto relationship as defined by section 4AA of the Family Law Act 1975.

The court examined the nature and duration of the relationship, the degree of financial and emotional interdependence, and the extent to which the couple shared a genuine domestic life together. It considered evidence of cohabitation, the ownership of property, shared responsibilities, and other factors indicative of a de facto relationship. The court noted that the relationship began in April 2003 and concluded on 11 December 2009. In making its determination, the court took into account the overall circumstances and the specific factors outlined in the legislation.

The court found that the relationship did meet the criteria for a de facto relationship under section 4AA of the Family Law Act 1975. The evidence demonstrated a significant level of interdependence and shared domestic life, including cohabitation, joint financial arrangements, and shared responsibilities. Consequently, the court declared that the applicant and respondent were in a de facto relationship for the purposes of section 90RD of the Family Law Act 1975.

The final orders of the court declared that the applicant and respondent were in a de facto relationship that commenced in April 2003 and concluded on 11 December 2009. This declaration allows the applicant to proceed with any further applications under the Family Law Act 1975 as if the relationship were a legally recognised marriage.