Robson v Quijarro

[2009] NSWCA 365

NSW Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › De facto relationships
3. › Existence of de facto relationship
4. › Whether parties living together as a couple
5. › Mutual commitment to shared life
6. › Infidelity of one party
7. › Whether relationship terminated by conduct short of separation
8. › Property (Relationships) Act 1984 (NSW), s 4
9. › Probate and Administration Act 1898 (NSW), s 61B(3B)(a)
1. Succession Law
2. › Intestacy
3. › Grant of letters of administration
4. › Entitlement of de facto spouse
5. › Whether de facto relationship subsisted for continuous period of not less than two years prior to death
6. › Probate and Administration Act 1898 (NSW), ss 32G, 61B(3B)
1. Appeal
2. › Civil appeal
3. › Appeal from final orders
4. › Nature of appeal
5. › Rehearing
6. › Combination of objective and oral evidence
7. › Whether open to Court of Appeal to reassess factual findings
8. › Evaluative assessment of objective facts distinguished from credibility findings

Quick Take

A de facto relationship is not terminated merely because one party maintains sexual relationships with others, or has formed an intention to marry a third person, where the objective indicia of shared life — common residence, sexual relationship, financial interdependence, and public presentation as a couple — continue. In assessing whether a de facto relationship has ended, courts must distinguish between objective evidence of the current circumstances and evidence of future intentions that have not yet been acted upon. The concept of 'mutual commitment to a shared life' under s 4(2)(f) of the Property (Relationships) Act 1984 (NSW) must be applied flexibly and is not a necessary precondition for the existence of a de facto relationship.