Na v Tiu (No 2)

The case of Na v Tiu (No 2) involved the parties contesting the existence of a de facto relationship. The matter was heard in the Family Court of Australia. The applicant argued that they had a de facto relationship with the respondent based on their personal interactions, shared holidays, and financial support between each other. The respondent, however, maintained that no such relationship existed.

The central legal issue was whether the applicant and respondent had a de facto relationship as defined by the Family Law Act. The court had to consider various factors, including the nature and duration of the relationship, the degree of financial interdependence, and the extent to which the couple presented themselves to the outside world as a couple.

The court concluded that the evidence did not sufficiently support the existence of a de facto relationship. The secrecy demanded by the respondent, the maintenance of her marital relationship, the lack of shared household, and the segregation of their financial interests all pointed against the existence of a genuine domestic relationship. The court emphasised the artificial nature of their relationship, as evidenced by the private and clandestine manner in which it was conducted.

The appeal was dismissed, and the appellant was ordered to contribute to the respondent's costs in the sum of $15,000.