De Facto Relationships Act 1991

A person:

who alleges that a de facto relationship exists or has existed between himself or herself and another named person; or

whose pecuniary interests, or whose rights or obligations at law or in equity, are affected according to whether a de facto relationship exists or has existed between 2 other persons;

may apply to a court for a declaration as to the existence of such a de facto relationship.

If any person whose interests would, in the opinion of the court, be affected by such a declaration is not present or represented, and has not been given the opportunity to be present or represented, at the hearing of the application, the court may, if it thinks that that person ought to be present or represented at the hearing, adjourn the hearing to enable that person to be given that opportunity.

If the court is satisfied that a de facto relationship exists or has existed or does not exist or did not at a particular time or during a particular period exist (whether or not it previously or subsequently existed), it may make a declaration (which has effect as a judgment of the court) that persons named in the declaration have or have had a de facto relationship or are not in, or were not at a particular time or during a particular period in, a de facto relationship.

The court must state in its declaration that the de facto relationship existed or did not exist:

at a date specified in the declaration; or

between dates specified in the declaration;

or both.

A declaration may be made whether or not the person or either of the persons named by the applicant as a partner or partners to a de facto relationship is alive.

While a declaration remains in force, the persons named in the declaration are to be presumed conclusively for all purposes to have had (or, if appropriate, not to have had) a de facto relationship at the date specified in the declaration, or between the dates so specified, or both at that date and between those dates as the case may require.