Where there is inordinate delay between trial and judgment delivery (here, over two years), and the result turns on credit-based findings, the trial judge may be required to explain the steps taken to ensure delay did not compromise the capacity to assess the evidence. Assertive general statements about credibility are to be treated with reserve, and appellate courts will scrutinise findings with special care. In de facto relationship cases, the existence of a manifested mutual commitment to a shared life — assessed by reference to the parties' conduct and communications, not unexpressed subjective reservations — may be of critical importance where the relationship does not fall within the range of obvious cases. The standard of appellate review of a de facto relationship finding remains an open question in Western Australia.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
5 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.