Ward and Trench

In *Ward and Trench*, the applicant sought a declaration that a de facto relationship existed between herself and the respondent for the purposes of property settlement proceedings. The court was required to determine whether the parties had lived together on a genuine domestic basis, as defined by the *Family Law Act 1975* (Cth).

The legal issues before the court were whether the parties met the criteria for a de facto relationship under section 4AA of the *Family Law Act 1975* (Cth). This involved assessing whether they were not legally married or related by family, and crucially, whether they had a relationship as a couple living together on a genuine domestic basis, considering all the circumstances.

Loughnan J found that the evidence supported a declaration of a de facto relationship. The court noted the existence of a sexual relationship, the pooling of funds, shared expenses, and the common ground regarding shared household chores. Furthermore, witnesses consistently testified that the parties presented themselves as a couple, indicating a significant degree of mutual commitment to a shared life. Taken together, these factors satisfied the court that the parties lived together in a de facto relationship. The court declared that a de facto relationship existed between the parties from 15 September 2006 until 21 May 2011, and reserved costs.