Wiggins v Public Trustee

The applicants, Mr. Wiggins and the Public Trustee (representing the estate of the deceased, Ms. Smith), sought a declaration that a significant relationship existed between Mr. Wiggins and Ms. Smith under the *Relationships Act 2003* (Tas). The dispute arose from the Public Trustee's refusal to acknowledge such a relationship, which would have implications for the distribution of Ms. Smith's estate. The matter was heard by the Full Court of the Supreme Court of Tasmania.

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.