Hayes v Marquis

In *Hayes v Marquis*, the New South Wales Court of Appeal considered a dispute concerning the adjustment of property interests between the parties, who were in a de facto relationship. The central issue was whether the parties qualified as being in a "close personal relationship" under the *Property (Relationships) Act 1984* (NSW), particularly given that they did not live continuously in the same house.

The court was required to determine whether the definition of "personal care" within section 5(1)(b) of the Act encompassed emotional support, and how the non-disclosure of their cohabitation to government authorities was relevant to the determination of their property relationship. Furthermore, the court had to consider whether the original decision had failed to take into account a portion of the appellant's assets when adjusting the property interests.

The Court of Appeal found that the parties did indeed constitute a de facto relationship under the Act, and that "personal care" extended beyond physical assistance to include emotional support. The court also held that the failure of the parties to make full and frank disclosure of their financial circumstances, including their cohabitation, was a significant factor. The court allowed the appeal, setting aside the original verdict of $120,000 in favour of the respondent and ordering judgment for the respondent in the sum of $100,000. Each party was ordered to bear their own costs of the appeal.