STREET & HODGES

In the matter of *Street & Hodges*, Small J of the Federal Circuit Court of Australia considered a dispute between former de facto partners concerning the commencement date of their relationship. The applicant, Mr Street, contended that the de facto relationship began in November 2005, while the respondent, Ms Hodges, argued it commenced in February 2003. The core of the dispute revolved around whether the parties were living together on a genuine domestic basis from February 2003 or only from November 2005.

The court was required to determine the precise date upon which the parties' relationship transitioned from being merely sexually intimate and involving occasional overnight stays to one characterised by cohabitation and a shared domestic life. This determination was crucial for establishing the duration of the de facto relationship, which in turn impacted the division of property and other entitlements. The applicant's evidence suggested that while the parties were exclusive from February 2003, they lived separately and only decided to live together full-time after a brief relationship breakdown in late 2005.

Small J's reasoning focused on the nature and extent of the parties' common residence and their sharing of resources. The applicant testified that between 2003 and 2005, overnight stays occurred only a few times per week, and the parties lived approximately 50 kilometres apart. He asserted that the decision to live together occurred after a three-month break in late 2005, and that the respondent's sale of her property indicated she was living there until that time. The applicant also denied that the respondent had assisted in building a fence at his property in early 2003, suggesting it was not to accommodate her horses, and he was unaware of her financial situation at that earlier date, inferring a lack of shared financial resources. The court considered these factors in assessing whether the parties had established a de facto relationship in February 2003 or later in 2005.