Tomson & MacLaren

In the matter of *Tomson & MacLaren*, heard by McGuire J, the applicant, Mr Tomson, sought a declaration that he and the respondent, Ms Maclaren, were in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth). The applicant bore the onus of proving the existence of such a relationship on the balance of probabilities.

The court was required to determine whether the parties lived together as a couple on a genuine domestic basis, and if so, for what period. This involved assessing various factors, including the duration of the relationship, the nature and extent of their common residence, whether a sexual relationship existed, and the degree of financial interdependence. A significant issue was the applicant's credit, with the respondent alleging he had been selective and misleading in his evidence and had created false documents.

McGuire J found the applicant to be an unimpressive witness, noting his lack of clear recollection and discrepancies in his evidence, particularly concerning the purchase of a property and financial contributions. While acknowledging some aspects that supported the applicant's case, such as the duration of the relationship, the existence of a child, and a loan provided by the respondent's mother, the court ultimately found that the applicant had not discharged his onus of proof. The court preferred the respondent's evidence regarding the cessation of the sexual element of the relationship in 2014 or 2015, her representations to Centrelink and the Child Support Agency, and the fact that both parties maintained separate residences throughout the period in question.

Consequently, the court declared that Mr Tomson and Ms Maclaren were not in a de facto relationship for the purposes of the *Family Law Act 1975* (Cth) and dismissed the applicant's initiating application.