Smyth & Pappas

In the Family Court of Australia, Justice Cronin considered a dispute between the applicant and the respondent concerning the existence and duration of a de facto relationship. The primary issue before the court was to determine whether a de facto relationship, as defined by the *Family Law Act 1975* (Cth), existed between the parties and, if so, for what periods. This determination was crucial for the subsequent division of property.

The court was required to interpret and apply sections 90RD and 4AA of the *Family Law Act 1975* (Cth) to the facts presented. Specifically, the court had to ascertain whether the criteria for a de facto relationship were met during the periods in question, and to consider the impact of any interruptions or suspensions on the continuity of that relationship.

Justice Cronin declared that a de facto relationship did exist between the applicant and the respondent during two distinct periods: from 1999 until December 2005, and again from July 2006 until December 2009. Importantly, the court found that while the de facto relationship was suspended for the 12 months between December 2007 and December 2008, it was not terminated during that interval. All other outstanding applications for final orders were referred to the Registrar for future hearing, with liberty reserved for either party to seek further orders.