Re Gunn; Thomas v Gunn

The case of Re Gunn; Thomas v Gunn involved an application for the revocation of letters of administration issued to the respondent, Gunn, following the death of the deceased, Thomas. The applicant, Thomas, sought to be recognised as the deceased's domestic partner, arguing that this would entitle him to a share of the estate under the relevant statutory provisions. The dispute centred on whether Thomas could be deemed the deceased's partner under the Administration and Probate Act 1958 (Vic) and the Relationships Act 2008 (Vic). The court had to determine if Thomas and the deceased had lived together as a couple on a genuine domestic basis for at least two years immediately before the deceased's death, which would qualify Thomas as a domestic partner.

The primary legal issue was whether Thomas could be considered the deceased's domestic partner within the meaning of the relevant statutes. This required an examination of the nature and duration of their relationship, and whether it met the statutory criteria for a genuine domestic partnership. The court needed to interpret the terms "genuine domestic basis" and "couple" and assess if the relationship fulfilled these requirements. The court also had to consider the evidence provided regarding the relationship and the circumstances surrounding the death of the deceased.

In resolving the matter, the court examined the evidence provided by both parties regarding the nature of their relationship. It considered factors such as the length of the relationship, the level of commitment and emotional support provided, and the shared living arrangements. The court found that the relationship did not meet the statutory criteria for a genuine domestic partnership. It concluded that there was insufficient evidence to demonstrate that Thomas and the deceased had lived together as a couple on a genuine domestic basis for the required period. Consequently, the application for revocation of the letters of administration was dismissed.

The court's final orders were that the application by Thomas to revoke the letters of administration issued to Gunn be dismissed. The letters of administration were to remain in force, and Gunn was to continue in his role as the administrator of Thomas's estate. This decision underscored the strict criteria for recognising domestic partnerships under the statutes and highlighted the need for clear and substantial evidence to meet the legal requirements.