Lao and Wei

In the matter of *Lao and Wei*, heard before Tree J of the Federal Circuit and Family Court of Australia, the parties sought declarations regarding the existence and duration of their de facto relationship. The dispute centred on whether a de facto relationship existed between the parties and, if so, for what period.

The primary legal issue before the Court was to determine whether the criteria for a de facto relationship, as defined by section 90SB of the *Family Law Act 1975* (Cth), were met, and to establish the precise commencement and cessation dates of that relationship. This required an assessment of the nature of the parties' cohabitation and their mutual commitment to a shared life.

Tree J found that the parties were in a de facto relationship between 15 November 2010 and 13 July 2016. This conclusion was reached by applying the relevant provisions of the *Family Law Act 1975* (Cth), which consider factors such as the duration of the relationship, the nature and extent of common residence, whether a sexual relationship existed, the degree of financial dependence or interdependence, the reputation and public acknowledgment of the relationship, the care and support of children, and the ownership, use, and acquisition of property. The Court's assessment of these factors led to the declaration concerning the existence and duration of the de facto relationship.

The Court ordered that, pursuant to s 90RD of the *Family Law Act*, the parties were in a de facto relationship between 15 November 2010 and 13 July 2016, subject to the formal entry of the order in the Court’s records.