Kendell & Vilmos

The case of Kendell & Vilmos involved a dispute over whether the respondents were in a de facto relationship as defined by the Family Law Act 1975. The applicant, Ms Kendell, sought a declaration that the parties had been in a de facto relationship from 1994 to 2018. The respondent, Mr Vilmos, contested the claim, arguing that any relationship that existed ended before the commencement of the legislation in South Australia on 1 July 2010. The primary issue for the court was to determine if a de facto relationship existed between the parties and, if so, when it began and ended. The court had to consider various factors, including the nature and extent of common residence, the duration of the relationship, and whether the parties shared life as a couple on a genuine domestic basis.

The court examined the evidence provided by both parties, including testimonies about their interactions, living arrangements, and the nature of their relationship over time. It was noted that the relationship underwent significant changes, transitioning from an intense emotional involvement to a more financially based arrangement. The court considered the indicators listed in section 4AA(2) of the Family Law Act 1975 but emphasised that these were not exhaustive and should be evaluated as a composite picture. The court concluded that while the parties shared a residence and had a history of emotional involvement, the relationship did not meet the statutory definition of a de facto relationship after 1 July 2010. The court found that the relationship had transformed into one primarily based on financial transactions and lacked the genuine domestic basis required to constitute a de facto relationship.

Ultimately, the court held that no de facto relationship existed between the parties after 1 July 2010. The applicant failed to prove that the relationship continued as a de facto relationship beyond this date, and therefore, the court dismissed the application for a declaration of a de facto relationship. The court's decision was based on the comprehensive evaluation of the relationship's characteristics and the absence of a genuine domestic basis after the relevant legislative commencement date in South Australia.