JOSS & CHADWELL

In this matter before the Federal Court of Australia, the applicant sought a declaration that a de facto relationship existed between herself and the respondent. The parties had been in a relationship for approximately 16 years, and the applicant was seeking property settlement orders under Part VIIIAB of the *Family Law Act 1975* (Cth).

The central legal issue before the Court was whether the parties were living together on a "genuine domestic basis" as contemplated by section 4AA(1)(c) of the *Family Law Act 1975* (Cth), which is the statutory definition of a de facto relationship. This required the Court to consider various circumstances outlined in section 4AA(2), including the duration of the relationship, the nature and extent of their common residence, whether a sexual relationship existed, the degree of financial dependence or interdependence, the ownership and acquisition of property, the degree of mutual commitment to a shared life, the care and support of children, and the reputation and public aspects of the relationship.

Loughnan J considered the evidence presented, noting that while the parties had engaged in sexual relations and the applicant had been financially dependent on the respondent for periods, several factors weighed against a finding of a genuine domestic basis. These included the parties sharing a common residence for only relatively short periods, their engagement in other relationships and with other sexual partners, the absence of joint bank accounts, and the fact that they did not always provide physical care for each other during illness. Furthermore, the parties spent significant periods apart and had each separately purchased properties, although they had also bought two properties together. The Court emphasised that no single factor was determinative and that it was entitled to attach such weight to any matter as seemed appropriate in the circumstances.

Ultimately, the Court found that the circumstances did not demonstrate that the parties were living together on a genuine domestic basis. Accordingly, the application for a declaration that a de facto relationship existed between the parties was dismissed.