Gilliam & Barre

The applicant, Ms Gilliam, sought a declaration that she and the respondent, Mr Barre, were in a de facto relationship for a period of less than two years, along with orders for property adjustment under the Family Law Act 1975 (Cth). The respondent denied the existence of a de facto relationship and the wife's claim for substantial contributions to the relationship. The legal issues for the court to decide were whether a de facto relationship existed between the parties, if so, when it started and ended, and whether the wife made substantial contributions to the relationship. The court found that a de facto relationship did exist between the parties, commencing no earlier than 1 February 2017 and ending by 21 November 2018, and that the wife made substantial contributions during that time. The court based its decision on the degree of financial interdependence between the parties, the nature of their relationship, and the fact that they shared a scaffolding business. Although the parties did not live together, the court found that they shared a degree of financial interdependence and had a relationship of a genuine domestic nature. The court also found that the wife made substantial contributions to the relationship by providing financial support and working for the respondent's businesses.

The court ordered that the proceedings be mentioned on 19 July 2022 for further submissions on the question of serious injustice and whether property adjustment orders should be made. The court also ordered that the parties and the respondent's Trustee in Bankruptcy inform the court whether they wish to adduce further evidence or submissions on the question of serious injustice and whether any claim for spousal maintenance is pressed by the wife. The parties were further ordered to exchange a minute of proposed procedural and final orders, including any proposal for final property adjustment orders, by no later than 4.00 pm on 15 July 2022. The wife's amended application in a case was dismissed. The court's decision was based on the evidence presented and the legal principles set out in the Family Law Act 1975 (Cth). The court found that the wife's evidence was more plausible than that of the respondent and that the relationship between the parties was of a genuine domestic nature. The court also found that the wife made substantial contributions to the relationship, which were a significant factor in its decision.