Vine and Carey

Vine and Carey was a case heard in the Family Court of Australia, where Vine sought a declaration of a de facto relationship with Carey and maintenance payments from Carey. The Applicant argued that she had been in a de facto relationship with the Respondent for over seven years, and the relationship had not broken down prior to 1 March 2009. She also sought weekly maintenance payments until she vacated the property she currently resided in.

The legal issues before the court were whether there was a de facto relationship between the parties, and if so, whether the relationship had broken down prior to 1 March 2009. The court was also required to determine if maintenance payments were appropriate and, if so, in what amount and for how long.

The court found that there was indeed a de facto relationship between the parties, which had not broken down prior to 1 March 2009. The court held that the relationship was genuine and not merely a sham or pretence. The court also found that maintenance payments were appropriate in this case, and ordered the Respondent to pay the Applicant $500 per week until she vacated the property. The court considered the financial circumstances of both parties, as well as the duration and nature of the relationship in making this decision. The Respondent was ordered to make the payments from the date the Applicant vacated the property and weekly thereafter, payable in advance.