Kuhn and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for a war widow's pension by the Applicant, who was the widow of a deceased Veteran. The central dispute before the Tribunal was whether the Applicant had entered into a de facto relationship with another person, KB, after the Veteran's death. If such a relationship were found to exist, the Applicant would be ineligible to claim the war widow's pension.

The legal issue before the Tribunal was to determine whether the Applicant and KB were in a de facto relationship during the period they resided together in KB's home. This determination required the Tribunal to consider the indicia outlined in section 11A of the relevant legislation, while also delving into the subjective reality and perception of the relationship between the parties.

The Tribunal reasoned that while several factors pointed towards a de facto relationship, including cohabitation for a prolonged period, sharing a bedroom, a sexual relationship, shared meals, joint holidays, and the joint purchase of a vehicle, these were not determinative in isolation. Crucially, the Tribunal found no evidence of a significant pooling of financial resources, noting that the Applicant and KB operated independently financially. Furthermore, the Applicant's testimony indicated that KB had made it clear he was not seeking a committed relationship and had not discussed his financial affairs with her. The Tribunal placed significant weight on the Applicant's candid and credible testimony, concluding that neither party perceived themselves as being in a de facto relationship.

Ultimately, the Tribunal concluded that the evidence did not establish that the Applicant and KB were in a de facto relationship. Consequently, the Tribunal had jurisdiction to proceed with the substantive application for the war widow's pension.