Gartner and Halvorsen

In *Gartner and Halvorsen*, the Family Court of Australia was asked to determine whether a de facto relationship existed between Mr Gartner and Ms Halvorsen. The application before the court sought declarations and orders concerning the existence and nature of their relationship.

The primary legal issue before the court was whether the parties had lived together in a de facto relationship for a sufficient period to attract the operation of the *Family Law Act 1975* (Cth). This required the court to consider the duration of their association, the nature of their connection, and whether they had cohabited in a manner that constituted a de facto relationship under the Act.

Judge Terry found that while the parties had a relationship of some duration, between approximately two years and seven months and three years and three months, this period was not sufficient to establish a de facto relationship as defined by the *Family Law Act*. The court noted that the parties met in 2012 or 2013 and engaged in a sexual relationship, shared common interests, and their families met to some extent. However, significant geographical distances separated them for much of the period, and their time together was often limited to the applicant travelling on his days off or during periods of contract work. The court ultimately declared that a de facto relationship never existed between the parties.