S v B

The appeal before the court involved the question of whether the appellant and respondent were considered to be living together on a genuine domestic basis under section 32DA of the Acts Interpretation Act 1954 (Qld) at the time the respondent made a claim for maintenance under Part 19 of the Property Law Act 1974 (Qld). The appellant and respondent had been living in separate sections of the same house, with the appellant providing financial support and the respondent providing domestic assistance. They shared some meals and had a mutually exclusive sexual relationship. The trial judge had found that they were living together on a genuine domestic basis, a finding the appellant contested on appeal.

The court was required to determine whether the relationship between the appellant and respondent met the criteria of living together on a genuine domestic basis as defined in section 32DA of the Acts Interpretation Act 1954 (Qld). The court had to consider the nature of their relationship, including the level of financial support, domestic assistance, and the extent of their shared living arrangements. Additionally, the court needed to assess whether the appellant and respondent were genuinely committed to a shared life, particularly in light of the changes in their communication and financial support after the commencement of Part 19 of the Property Law Act 1974 (Qld) on 21 December 1999.

The court found that the relationship between the appellant and respondent did not meet the statutory definition of living together on a genuine domestic basis. The evidence demonstrated that while they shared some domestic aspects of their lives, they did not have a shared commitment to a life together. The court emphasised that the relationship lacked the necessary mutual commitment and shared life that the legislation requires. The appellant's lack of willingness to attend relationship counselling and the cessation of financial support further indicated a lack of genuine commitment to a shared domestic life. Consequently, the court allowed the appeal, set aside the orders made by the trial judge, and dismissed the action with costs.