Perry v Killmier & Anor

[2014] QCA 64

Queensland Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › De facto relationships
3. › Whether persons living together as couple on genuine domestic basis
4. › Weight to be given to financial and property matters
5. › Relationship of less than two years
6. › Whether clear intention of long-term committed relationship
7. › Acts Interpretation Act 1954 (Qld), s 32DA
8. › Supreme Court Act 1995 (Qld), s 18(2)(a)(ii)
1. Appeal
2. › General principles
3. › Appellate review of findings of fact
4. › Inferences from undisputed facts
5. › Whether appellate court in as good a position as trial judge
6. › Distinction between findings based on credibility and inferences from undisputed facts
1. Appeal
2. › General principles
3. › Delay between hearing and delivery of judgment
4. › Whether delay contributed to error or rendered decision unsafe

Quick Take

Financial and property arrangements should not be given disproportionate weight in determining whether a couple is living together on a genuine domestic basis under s 32DA of the Acts Interpretation Act 1954 (Qld). Plans for future marriage are not incompatible with the existence of a current de facto relationship. Where the facts relevant to a de facto relationship determination are largely undisputed, an appellate court is in as good a position as the trial judge to draw inferences and is not constrained by the principles limiting appellate interference with findings based on contested evidence.