THORBURN & AHERN (No.2)

In *Thorburn & Ahern (No.2)*, the applicant sought property division orders under the *Family Law Act 1975* (Cth) on the basis of a de facto relationship. The respondent denied that a de facto relationship existed. The matter came before His Honour Judge Wilson.

The central legal issue before the court was whether the parties had been in a de facto relationship within the meaning of the *Family Law Act 1975* (Cth). This required the court to determine if the criteria for establishing a de facto relationship, as defined by the Act, were met by the evidence presented.

His Honour Judge Wilson considered the evidence and found that the parties had not been in a de facto relationship. The court applied the relevant provisions of the *Family Law Act 1975* (Cth) which define a de facto relationship by reference to factors such as the duration of the relationship, the nature and extent of common residence, the degree of financial dependence or interdependence, the ownership, use and acquisition of property, the degree of mutual commitment to a shared life, the reputation and public acknowledgment of the relationship, and the care and support of children. On the facts before him, these criteria were not satisfied.

Consequently, the proceeding was dismissed.