Moby & Schulter

In the matter of *Moby & Schulter*, heard before Cronin J, the applicant and respondent sought declarations regarding the existence and termination of a de facto relationship for the purposes of property settlement under the *Family Law Act 1975* (Cth). The core of the dispute concerned whether the parties had been in a de facto relationship and, if so, when that relationship had ended.

The court was required to determine two primary legal issues. Firstly, whether the parties met the criteria for a de facto relationship as defined by the *Family Law Act 1975*. Secondly, if a de facto relationship was found to exist, the court needed to ascertain the date on which that relationship concluded.

Cronin J declared that, pursuant to s 90RD of the *Family Law Act 1975*, the applicant and respondent were in a de facto relationship for the purposes of an order under s 90SG. Furthermore, the court found that the parties' relationship ended in November 2009, satisfying the requirements of s 90RD(2)(d) and s 90SG. The court also made orders for the adjournment of outstanding interim applications, directed the respondent to pay a sum of $3000 to the applicant, and set a deadline for the filing of further affidavit material.