RADECKI & FAIRBAIRN

The case involves Radecki and Fairbairn, where the appellant sought to challenge a decision made by the Federal Circuit Court of Australia. The primary dispute centred around the payment of de facto wife’s aged care facility costs in the context of their de facto relationship, which had allegedly broken down. The NSW Trustee & Guardian intervened in the matter, and the appellant contested the way in which these costs should be managed.

The court was tasked with determining whether a de facto relationship had indeed broken down and whether the appellant had intended to separate from the respondent. This included examining if the primary judge's imputation of an intention to separate was justified based on the evidence presented. The court had to assess if there had been a material change in the nature of the de facto relationship from its inception and whether such changes warranted a finding that the relationship had irretrievably broken down.

Upon review, the court found that the primary judge's imputation of an intention to separate was not supported by the evidence. There was no significant alteration in the nature of the de facto relationship that would substantiate a finding of a relationship breakdown. Consequently, the appeal was allowed, and the orders made by the Federal Circuit Court were set aside. The initiating application was dismissed, and the appellant was granted a costs certificate for the appeal.