[2020] TASFC 13
| COURT: | SUPREME COURT OF TASMANIA (FULL COURT) |
| CITATION: | Wiggins v Public Trustee [2020] TASFC 13 |
| PARTIES: | WIGGINS, Julie Anne |
| v | |
| THE PUBLIC TRUSTEE As administrator of the estate of the late Roger William Tapping and as representative of the next of kin of the late Roger William Tapping | |
| FILE NO: | 637/2020 |
| JUDGMENT | |
| APPEALED FROM: | Wiggins v Public Trustee [2020] TASSC 3 |
| DELIVERED ON: | 23 December 2020 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 28 August 2020 |
| JUDGMENT OF: | Blow CJ, Estcourt J, Geason J |
| CATCHWORDS: |
Family Law and Child Welfare – De facto relationships – Relationship – Whether significant relationship under Relationships Act 2003 (Tas) – No pooling or sharing of property or resources and finances and no cohabitation – Declaration of existence of significant relationship made.
Relationships Act 2003 (Tas), s 4.
Brownell v Robinson [2017] TASFC 11, followed.
Aust Dig Family Law and Child Welfare [493]
REPRESENTATION:
Counsel:
Appellant: B McTaggart SC Respondent: S Taglieri SC
Solicitors:
Appellant: McGrath & Co
| Judgment Number: | [2020] TASFC 13 |
| Number of paragraphs: | 65 |
Serial No 13/2020 File No 637/2020
JULIE ANNE WIGGINS v THE PUBLIC TRUSTEE
As administrator of the estate of the late
ROGER WILLIAM TAPPING and as representative
of the next of kin of the late ROGER WILLIAM TAPPING
| REASONS FOR JUDGMENT | FULL COURT BLOW CJ |
ESTCOURT J
GEASON J
23 December 2020
Orders of the Court
1 Appeal allowed.
2 Order dismissing originating application set aside.
3 Declaration that the appellant and the late Roger William Tapping were, immediately before his death, and for a continuous period of at least two years before his death, in a "significant relationship" within the meaning of the Relationships Act 2003.
Serial No 13/2020 File No 637/2020
JULIE ANNE WIGGINS v THE PUBLIC TRUSTEE
As administrator of the estate of the late
ROGER WILLIAM TAPPING and as representative
of the next of kin of the late ROGER WILLIAM TAPPING
| REASONS FOR JUDGMENT | FULL COURT BLOW CJ 23 December 2020 |
1 This appeal concerns the question whether the appellant, Julie Anne Wiggins, was in a "significant relationship", within the meaning of the Relationships Act 2003 ("the Act"), with a man named Roger William Tapping immediately before his death. The respondent, the Public Trustee, is the administrator of his estate. The appellant applied for a declaration that she and Mr Tapping were in a significant relationship. Holt AsJ refused that application: Wiggins v Public Trustee [2020] TASSC 3. This is an appeal from his Honour's decision. Mr Tapping died intestate. He did not have children. If he and the appellant were in a significant relationship, then she was his spouse for the purposes of the Intestacy Act 2010, and is entitled to the whole of his estate. Under s 6(c)(i) of that Act, the definition of spouse includes "a person ... who, immediately before the intestate's death, was a party to a significant relationship, within the meaning of the Relationships Act 2003, with…
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CaseChat Overview and Summary
The central legal issue before the Court was whether the relationship between Mr. Wiggins and Ms. Smith constituted a "significant relationship" as defined by the *Relationships Act 2003* (Tas), notwithstanding the absence of cohabitation and a pooling or sharing of property, resources, or finances.
The Court considered the statutory definition of a significant relationship, which requires that the relationship be a de facto relationship. It noted that a de facto relationship does not necessitate cohabitation or the joint ownership or use of property. The Court found that the evidence demonstrated a close personal relationship, characterized by mutual commitment to a shared life, emotional support, and regular contact, which satisfied the criteria for a de facto relationship under the Act, even in the absence of the more commonly associated indicia of cohabitation and financial interdependence. Accordingly, the Court made a declaration that a significant relationship existed between Mr. Wiggins and Ms. Smith.
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