Event and Time
Event Description
- Case Name: MLC 4967 of 2021
- Subject: Determination of whether Ms. Denys and Mr. Kellett were in a de facto relationship under the Family Law Act 1975 (Cth) during their cohabitation from mid-2015 until July 2020.
Application and Claims
- Applicant: Ms. Denys insists the parties lived together as a couple on a genuine domestic basis during their time cohabiting.
- Respondent: Mr. Kellett contests the existence of a de facto relationship, claiming they maintained merely a friendship.
Judicial Decisions
- Judge Glass found that the parties were in a de facto relationship that met the statutory definition as per subsection 4AA(1) of the Family Law Act due to various factors, including shared residence and mutual commitments.
Dispute Points and Legal Basis
Dispute Points
- Ms. Denys’ Claims:
- The couple shared a bedroom and engaged in a consensual sexual relationship. - They participated in domestic tasks and social activities like family events and trips. - They provided mutual care during times of illness.
- Mr. Kellett's Arguments:
- He argued that their relationship was more akin to “friends with benefits” and that Ms. Denys was merely a tenant. - He cited inconsistencies in Ms. Denys' statements, particularly about dates and accounts of financial interactions.
- Evidence Presented:
- Ms. Denys provided unchallenged evidence regarding their domestic life, social engagement, and mutual financial support. - Mr. Kellett primarily placed reliance on his own inconsistent accounts and minor inaccuracies in Ms. Denys’ affidavits.