Regan v Walsh [2014] FCCA 2535
Court: Federal Circuit Court
Judge: Coker J
Facts: The parties acknowledged their acquaintance since early 2005 and occasional cohabitation during that period. While they agreed on having shared sexual relations, there was a dispute regarding the nature of their relationship. The applicant asserted that it was an exclusive, genuine domestic relationship, whereas the respondent characterized it as “friends with benefits” and denied the existence of a de facto relationship. The court concluded that the relationship did not qualify as de facto. Mr. Regan’s application was dismissed, and the court determined it lacked the authority to issue orders altering the parties’ property ownership.
Reasoning: The court considered Section 4AA of the Family Law Act 1975 (Cth), which defines a de facto relationship based on various aspects of the parties’ connection. According to Section 4AA(1)(c), there must be sufficient evidence to establish a de facto relationship before examining property distribution. Section 4AA(2) outlines circumstances to consider, including the duration of the relationship, common residence, sexual relationship, financial dependence, property ownership, commitment to a shared life, relationship registration, care of children, and public aspects. No specific circumstance is deemed essential. After assessing the evidence and testimony, the judge was unconvinced that there was a perceivable, genuine domestic relationship visible to the public.
To read the full judgement go to: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2014/2535