Perta and Bergstrom

In *Perta and Bergstrom*, heard before Judge Newbrun, the central dispute concerned the existence and duration of a de facto relationship between the parties. The applicant sought declarations regarding the commencement and cessation of this relationship, as well as a period of separation within it.

The primary legal issue before the Court was to determine whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth), and if so, to identify the precise periods during which that relationship subsisted, including any periods of separation. This involved an assessment of the factual circumstances against the statutory criteria for a de facto relationship.

The Court's reasoning, as evidenced by its orders, involved a declaration that the parties were in a de facto relationship from a specified date in 2005 until March 2017. Crucially, the Court also recognised a specific period of separation between the end of August 2011 and the beginning of March 2012, carving this out from the overall duration of the de facto relationship. This indicates the Court applied section 90RD of the *Family Law Act 1975* (Cth) to make these factual findings.

The Court ordered that it declared pursuant to section 90RD of the *Family Law Act 1975* (Cth) that the parties were in a de facto relationship from a date in 2005 until March 2017, save for a period of separation between the end of August 2011 and the beginning of March 2012.