Eide & Yoxall (No 2)

In the case of Eide & Yoxall (No 2), the applicant, Mr Yoxall, sought a declaration under section 90RD of the Family Law Act 1975 (Cth) that a de facto relationship existed between him and the respondent, Ms Eide. The case was heard in the Federal Circuit and Family Court of Australia. Ms Eide denied the existence of such a relationship. The court was tasked with determining whether a de facto relationship existed between the parties and if so, for what period, as well as considering an application by Ms Eide for the disqualification of the trial judge on the grounds of apprehended bias.

The court considered the criteria set out in section 4AA of the Act, which defines a de facto relationship as one where the parties are not legally married or related by family, and they have a relationship as a couple living together on a genuine domestic basis. The court found that the parties had such a relationship, spanning from March 2017 to December 2020, despite Ms Eide's efforts to diminish the relationship in public. The court also rejected Ms Eide's application for the disqualification of the trial judge, finding no apprehended bias based on the test in Ebner v Official Trustee in Bankruptcy.

The court concluded that a de facto relationship existed between the parties from March 2017 to December 2020. The court made a declaration to this effect and referred all extant applications, including the applicant's application for financial and property orders, to the Case Management Judge for further scheduling. The court also ordered that both parties file and serve written submissions regarding costs, with a subsequent hearing to determine the question of costs if submissions were filed.