Jiao & Dong

In the matter of *Jiao & Dong*, heard before Newbrun J in the Federal Circuit and Family Court of Australia, Mr Jiao was the applicant and Ms Dong was the respondent. The central dispute concerned the existence and duration of a de facto relationship between the parties, which was a prerequisite for the Court to make property settlement orders under the *Family Law Act 1975* (Cth).

The Court was required to determine whether the parties had been in a de facto relationship within the meaning of section 4AA of the Act, and if so, for what period. This determination necessitated an examination of all the circumstances of their relationship, including, but not limited to, the matters set out in section 4AA(2) of the Act, to ascertain if they were a couple living together on a genuine domestic basis.

Newbrun J found that the parties were in a de facto relationship from approximately 2012 to December 2018. In reaching this conclusion, the Court expressed significant reservations regarding the reliability of the respondent's evidence, noting several inconsistencies and contradictions. These included discrepancies in dates of separation provided to Centrelink and in affidavits, conflicting accounts of divorce proceedings, and shifting explanations regarding financial assistance received for a property purchase. The Court also noted that the respondent's brother, who allegedly provided financial assistance, did not provide an affidavit to the Court.

The Court declared, pursuant to s90RD(1) of the *Family Law Act 1975* (Cth), that the parties were in a de facto relationship from about 2012 to December 2018. The parties were directed to attend a Conciliation Conference, provide updating financial disclosure within 28 days, and the proceedings were adjourned for mention on 4 November 2021.