The case of Chin v Boa [2025] FedCFamCIA 9, delivered on February 4, 2025, by the Federal Circuit and Family Court of Australia, addresses the complexities in assessing and determining whether a de facto relationship exists.
For family lawyers including anyone considering asset protection issues, particularly, from a family law context, the case underscores the importance to be aware of the legal frameworks that the Courts will undertake to assess whether individuals are living together on a genuine domestic basis.
The primary judge's findings were as follows:
Key Findings:
Duration and Cohabitation: The parties did not cohabit for a sufficient period to establish a de facto relationship. While they lived together intermittently, the total duration was less than the two years.
Financial Interdependence: There was no significant financial interdependence between the parties. They maintained separate financial accounts and did not share financial responsibilities.
Public Perception: The relationship was not publicly recognised as a de facto partnership. The parties did not present themselves as a couple in social or public settings.
Mutual Commitment: There was insufficient evidence of mutual commitment to a shared life. The parties did not make joint decisions regarding significant aspects of their lives, such as living arrangements or future plans, indicating a lack of the mutual commitment characteristic of a de facto relationship.
The appeal against the primary judge’s findings was dismissed and the primary judge’s decision was upheld that the parties were not living together in a de facto relationship. The importance of the Courts to correctly identify and apply the legal framework (i.e. “correctness” standards) to assess a relationship set out in the legislation and relevant principles was upheld and correctly applied by the primary judge.
Conclusion:
Based on these findings, the Court concluded that the parties were not in a de facto relationship. The absence of key elements such as cohabitation, financial interdependence, public recognition, and mutual commitment led to this determination.
