NA & TIU

In the Family Court of Australia, Austin J considered a dispute between the applicant and respondent concerning the existence of a de facto relationship. The central contention was whether the parties had ever been in a de facto relationship, a question complicated by the fact that both were married to other individuals at the commencement of their relationship.

The court was required to determine whether the criteria for a de facto relationship, as defined by the Family Law Act, were met. Key aspects of the relationship that the court examined included the absence of cohabitation, a lack of public notoriety, the respondent's continued marriage to her husband, and the parties' failure to combine their financial resources for mutual benefit.

Austin J reasoned that the evidence did not support the existence of a de facto relationship. The court found that the parties had never cohabited, their relationship lacked public recognition, and they had not pooled their financial resources in a manner indicative of a committed partnership. Crucially, the respondent remained married to her husband, and that marriage was not considered an empty shell. Applying these findings to the statutory definition, the court concluded that the essential elements of a de facto relationship were absent.

Consequently, pursuant to s 90RD of the Family Law Act, the court declared that no de facto relationship ever existed between the applicant and the respondent. All outstanding applications filed by both parties were dismissed, and costs were reserved for 28 days.