PATCH & RABADI

In the matter of PATCH & RABADI, heard by Judge Brown, the applicant mother sought discovery of various documents from the respondent father. The central dispute concerned the existence of a de facto relationship between the parties, which was a prerequisite for the court to exercise its jurisdiction under the relevant family law legislation. The documents sought by the applicant were intended to establish the nature and extent of the parties' cohabitation and their living arrangements.

The primary legal issue before the court was whether the documents sought by the applicant were relevant to determining the existence of a de facto relationship between the parties. This involved considering the definition of a de facto relationship as set out in the legislation, which requires parties to be living together on a genuine domestic basis. The court also had to consider the burden of proof in establishing such a relationship and the types of evidence that would be admissible and relevant for that purpose.

Judge Brown reasoned that the documents sought were relevant to establishing whether the parties lived together on a genuine domestic basis, a key element in defining a de facto relationship. The court considered that evidence of financial arrangements, such as taxation returns, employment contracts, mortgage documents, and bank statements, could shed light on the parties' shared lives and financial interdependence. Similarly, documents relating to property, such as a contract of sale and subdivision applications, and personal documents like wills and Centrelink correspondence, were deemed relevant to demonstrating the nature of their domestic arrangements and commitment to each other. The court ordered the applicant mother to provide discovery of the specified documents by 8 April 2020.