DOBSON & SEABROOK

In this matter before Judge Jarrett of the Federal Circuit Court of Australia, the parties sought declarations pursuant to section 90RD of the *Family Law Act 1975* (Cth) concerning the existence and duration of a de facto relationship. The central dispute revolved around whether a de facto relationship had existed between the parties and, crucially, whether that relationship had finally broken down before 1 March 2009.

The court was required to determine two primary legal issues: firstly, whether the parties were in a de facto relationship as defined by the Act, and secondly, if so, the date upon which that de facto relationship finally ceased. The significance of the 1 March 2009 date stemmed from the transitional provisions of the *Family Law Act 1975* regarding de facto relationships.

Judge Jarrett found that a de facto relationship did indeed exist between the parties, commencing in September 1983. Critically, the court determined that this de facto relationship did not finally break down before 1 March 2009. Consequently, the court declared that a de facto relationship existed between the parties, that it commenced in September 1983, and that it did not finally break down before 1 March 2009. The proceedings were then listed for further directions.