Dover and Mosely and Anor

In *Dover and Mosely and Anor*, the applicant sought declarations regarding the existence and duration of a de facto relationship, and consequently, property adjustment orders. The court was asked to determine whether a de facto relationship existed between the applicant and the first respondent, and if so, for what period, with the applicant asserting a duration of 19 months and the first respondent contending for 16 months. The second respondent aligned with the first respondent's position.

The central legal issues before the court were whether a de facto relationship existed between the parties, the precise period of that relationship, and whether the applicant had made substantial contributions of a kind specified in section 90SM(4) of the *Family Law Act 1975* (Cth). Crucially, the court also had to consider whether a failure to make a declaration and subsequent property adjustment orders would result in serious injustice to the applicant, given that the relationship's duration was less than two years, thus precluding the standard application of section 90SB(a).

Judge Lapthorn noted that the parties agreed a de facto relationship had existed and that its duration was less than two years, meaning section 90SB(a) of the *Family Law Act 1975* (Cth) did not apply. The applicant bore the onus of proving the existence and duration of the relationship on the balance of probabilities. While there was agreement on the commencement date in 2016, the parties disputed the separation date, with the applicant claiming February 2018 and the first respondent December 2017. The court considered the applicant's reliance on section 90SB(c)(i) and (ii), which pertains to substantial financial or non-financial contributions to property, and contributions to the welfare of the family, including as homemaker or parent, as outlined in section 90SM(4).

The court ultimately dismissed the applicant's initiating application and amended application.