When determining whether persons were living together as a couple on a genuine domestic basis under s 32DA of the Acts Interpretation Act 1954 (Qld), a trial judge must not place excessive emphasis on financial and property matters at the expense of other indicia such as mutual commitment, care and support, and the reputation and public aspects of the relationship. All criteria must be weighed together and no single criterion is to be treated as more significant than any other. A trial judge must engage with and explain the rejection of significant evidence, including hospital documents identifying a person as a de facto partner and statements by the deceased against her proprietary interests.
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