Nasr & Dunlop

In *Nasr & Dunlop*, heard by Baumann J, the Applicant sought a declaration under s 90RD of the *Family Law Act 1975* (Cth) that she and the Respondent were in a de facto relationship. Conversely, the Respondent sought a declaration that no such relationship had ever existed between them.

The central legal issue before the Court was to determine whether the parties had ever been in a de facto relationship as defined by the Act. This required the Court to assess the evidence presented by both the Applicant and the Respondent regarding the nature and duration of their association.

Baumann J found that the Applicant's evidence was often unclear and lacked corroboration. Despite the Applicant's assertions of cohabitation and domestic contributions, the Court noted significant inconsistencies, including the Applicant continuing to pay rent on her own unit while claiming to live with the Respondent, and her representations to third parties, such as her doctor and Centrelink, that she was single. The Court rejected the Applicant's contention that the Respondent's witnesses, who were largely family or employees, had colluded to provide false evidence. Ultimately, the Court was not satisfied that a genuine domestic relationship, as required by the Act, had ever commenced or been maintained.

Consequently, the Applicant's application for a declaration of a de facto relationship was dismissed. The Court made the declaration sought by the Respondent, finding that a de facto relationship never existed between the parties for the purposes of the proceedings. Directions were also set out regarding any potential application for costs by the Respondent.