Malcher and Seares

Mr Malcher (the applicant) commenced proceedings against Ms Seares (the respondent) seeking an alteration of property interests under section 90SM of the *Family Law Act 1975* (Cth). The applicant alleged that he and the respondent had lived in a de facto relationship for a period of at least two years. The respondent conceded that a de facto relationship existed between December 2010 and November 2011, leaving the discrete issue for the court to determine whether the parties' de facto relationship subsisted for a total period of at least two years.

The court was required to determine whether the parties had lived in a de facto relationship for a period of at least two years, as defined by section 4AA of the *Family Law Act 1975*. This definition requires that persons are not legally married to each other, not related by family, and have a relationship as a couple living together on a genuine domestic basis, having regard to all the circumstances. The court considered various factors including the duration of the relationship, the nature and extent of their common residence, the existence of a sexual relationship, the degree of financial dependence or interdependence, the ownership and acquisition of property, and the degree of mutual commitment to a shared life.

Stevenson J found that the parties met in November 2004 and soon entered into a sexual relationship. The applicant separated from his wife in June 2005, and the respondent separated from her husband in April 2007. The parties moved into a property together in December 2010 and carried out renovations. The respondent purchased an apartment in April 2011, and the applicant contributed to mortgage instalments and utilities for a period. They opened a joint bank account for mortgage repayments, which both parties contributed to, and moved into the apartment in July 2011 with the intention of renovating and sharing any profit. The parties separated in November 2011. The court noted that while the respondent conceded a de facto relationship existed from December 2010 to November 2011, the applicant contended it began in June 2007. Having regard to the evidence of their shared residence, financial interdependence, and mutual commitment to a shared life, the court declared that a de facto relationship existed between the parties for a period of at least two years, specifically between June 2007 and November 2011.

The court declared that a de facto relationship existed between Mr Malcher and Ms Seares for a period of at least two years, between June 2007 and November 2011, pursuant to section 90RD of the *Family Law Act 1975*. The proceedings were subsequently referred to the Registrar for mention and further directions, including the appointment of a conciliation conference.