Quijarro v Robson

Quijarro v Robson involved a dispute over the administration of the estate of a deceased person, with competing claims from the deceased's children and their claimed de facto partner. The case was heard in the Supreme Court of South Australia. The central issue before the court was whether the plaintiff could establish that she was in a de facto relationship with the deceased, thereby entitling her to a share of the estate under the Administration and Probate Act 1919 (SA).

The court considered whether the plaintiff had demonstrated a genuine de facto relationship with the deceased, given that they had lived together for eight years, were involved in a hotel business, and had conflicting evidence regarding their relationship. The court had to determine if the plaintiff's evidence, which included testimony about their shared living arrangements and involvement in business activities, was sufficient to meet the legal criteria for establishing a de facto relationship. The court also had to weigh the evidence regarding the deceased's ongoing relationships with other women, which the defendant argued undermined the claim of a de facto relationship.

In its judgment, the court concluded that the plaintiff had not successfully established that she was in a de facto relationship with the deceased. The court found that the evidence did not sufficiently demonstrate a relationship of the nature that would qualify as a de facto relationship under the relevant legislation. The court found the evidence provided by the plaintiff insufficient to overcome the defendant's evidence regarding the deceased's relationships with other women. As a result, the court dismissed the plaintiff's claim for a share in the estate.

The court's final orders were that the children of the deceased were entitled to administer the estate, and the claim by the plaintiff as a de facto partner was dismissed. The court emphasised the need for clear and convincing evidence to establish a de facto relationship, particularly in cases involving competing claims to an estate.