Kelly and Temple

The case of Kelly and Temple involved a dispute regarding the existence of a de facto relationship for the purposes of the Family Law Act 1975. The applicant sought a declaration that she and the respondent were in a de facto relationship, and the respondent contested this assertion. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the applicant and respondent were in a de facto relationship, as defined under section 90AA of the Family Law Act. The court had to consider the nature and duration of the relationship, the degree of financial interdependence, and whether the parties were not married to each other, among other factors. The court needed to determine if the relationship met the criteria for a de facto relationship for the purposes of making an order under section 90SM of the Act.

The court found that the applicant and respondent had a de facto relationship which commenced in March 2006 and ended in July 2009. The court took into account the evidence presented by both parties, including the nature and duration of their relationship, the degree of financial interdependence, and the fact that they were not married to each other. The court considered that the relationship met the criteria for a de facto relationship under the Family Law Act. The court also noted that the matter would benefit from a referral to a Conciliation Conference or private mediation and ordered that the substantive proceedings be adjourned for a mention hearing.

The court made a declaration that the applicant and respondent were in a de facto relationship for the purposes of an order under section 90SM of the Family Law Act, and ordered that the substantive proceedings be adjourned for a mention hearing. The question of costs was reserved, and the purpose of the mention hearing was to make further directions in the matter.