McMaster & Wyhler

In *McMaster & Wyhler*, heard by Tree J, the applicant sought a declaration under section 90RD of the *Family Law Act 1975* (Cth) that a de facto relationship existed between herself and the respondent for a period of 4.5 years. The respondent contested the existence of such a relationship.

The central legal issue before the court was whether the circumstances of the parties' interactions constituted a de facto relationship as defined by the *Family Law Act 1975* (Cth). This required the court to determine if the parties were living together on a genuine domestic basis.

Tree J found that the parties were not living together on a genuine domestic basis. The court noted that the parties never resided in the same building, there was no sexual relationship between them, and they were not financially dependent or interdependent. Furthermore, there was little jointly owned property, the respondent had a concurrent romantic and sexual relationship with another man during the period in question, and mutual friends did not consider the parties to be in a relationship. These factors collectively led the court to conclude that the criteria for a de facto relationship were not met.

The court ordered that the applicant's amended application be dismissed. Directions were also made regarding the filing and service of any applications and submissions concerning costs.