MARTENS & BOCCA

In the matter of *Martens & Bocca*, Benjamin J of the Family Court of Australia was required to determine whether a de facto relationship existed between Mr Martens and Mr Bocca. The applicant asserted that the parties had maintained a de facto relationship for approximately 13 years, while the respondent contended that their association was one of friendship or a relationship that did not meet the definition of a de facto relationship under the *Family Law Act 1975* (Cth).

The central legal issue before the court was to ascertain whether the criteria for a de facto relationship, as defined by the *Family Law Act 1975* (Cth), were satisfied for the period alleged by the applicant. This involved assessing the nature and extent of the parties' association to determine if it constituted a de facto relationship within the meaning of the Act.

Benjamin J applied the provisions of section 90RD of the *Family Law Act 1975* (Cth) to make a declaration. The court found that a de facto relationship did indeed exist between Mr Martens and Mr Bocca. The court declared that this de facto relationship subsisted from November 2000 until 26 October 2013. Following this declaration, the proceedings and associated applications were referred for a conciliation conference, with directions to be made for the filing of further material if required. The costs of both parties in relation to this jurisdictional proceeding were reserved, and it was certified that engaging counsel was reasonable.