Coker J
Court or Tribunal: Federal Circuit Court of Australia
Catchwords: De Facto Relationships, Meaningful Relationship, Same Sex Relationship, Substantial Relationship
Judges: Coker J
Background: The parties agreed that they knew each other from early 2005 and that, at times, they lived together throughout that period and shared sexual relations, but they disagreed as to the nature of their relationship. The applicant’s position was that their relationship was to the exclusion of all others and that it was one of a genuine domestic relationship. The respondent, on the other hand, described the relationship as one of “friends with benefits” and did not concede that there was ever a de facto relationship between the parties.
[Legal Issue]De facto property – threshold consideration of whether a de facto relationship exists so as to afford jurisdiction – factors to be considered – influence and significance of financial considerations when little else is agreed.
[Court Orders]The relationship was not found to be de facto in nature. Mr Regan’s application was dismissed and it was held that the Court could not make orders altering the parties’ property ownership.
Catchwords: De Facto Relationships, Meaningful Relationship, Same Sex Relationship, Substantial Relationship
Judges: Coker J
Background: The parties agreed that they knew each other from early 2005 and that, at times, they lived together throughout that period and shared sexual relations, but they disagreed as to the nature of their relationship. The applicant’s position was that their relationship was to the exclusion of all others and that it was one of a genuine domestic relationship. The respondent, on the other hand, described the relationship as one of “friends with benefits” and did not concede that there was ever a de facto relationship between the parties.
[Legal Issue]De facto property – threshold consideration of whether a de facto relationship exists so as to afford jurisdiction – factors to be considered – influence and significance of financial considerations when little else is agreed.
[Court Orders]The relationship was not found to be de facto in nature. Mr Regan’s application was dismissed and it was held that the Court could not make orders altering the parties’ property ownership.