KEEM & POLMEAR

In KEEM & POLMEAR, heard before Judge Newbrun, the dispute concerned whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). The Respondent sought a declaration that no de facto relationship existed at or after 1 March 2009, which would have divested the Court of jurisdiction to hear any application under Part VIIIAB of the Act.

The central legal issue before the Court was to determine whether the parties had a de facto relationship within the meaning of section 4AA of the *Family Law Act 1975* (Cth). This required the Court to consider all the circumstances of the parties' relationship and assess whether they were a couple living together on a genuine domestic basis, having regard to the matters enumerated in section 4AA(2) of the Act.

The Court found that the parties' relationship commenced in approximately 1977 and continued until about October 2019. This finding was based on an examination of various factors, including the duration of the relationship, the nature and extent of their common residence at different properties, the existence of a sexual relationship, and their degree of financial interdependence. The Court noted the Husband conceded a de facto relationship existed for part of the period, but found it extended significantly beyond that concession. The Court also considered evidence of shared living arrangements, including sleeping in the same bedroom, and financial arrangements such as joint business ventures and the Wife's contribution to household expenses from funds paid to her by the Husband from their business.

The Respondent's application for a declaration that no de facto relationship existed was dismissed. The Court declared that the parties were in a de facto relationship from approximately 1977 to about October 2019.