Living Together On A “Genuine Domestic Basis”
The issue of whether a couple was living together on a genuine domestic basis was examined in a Queensland Supreme Court case. The facts can be briefly summarised as follows: The applicant and the respondent commenced a sexual relationship, and it was alleged that the applicant commenced to live with the respondent at her property. The respondent and her ex-husband owned a caravan park. The applicant was, after a time, employed to manage the caravan park. He usually slept at the caravan park for most of the week, but another employee
slept there on arranged nights. The applicant said that when he was not sleeping at the caravan park as part of his managerial duties, he stayed with the respondent.
The applicant claimed that he and the respondent lived together throughout the relationship. He returned to the home for dinner. He kept clothes at both locations. He claimed that the parties were in a de facto relationship. The respondent maintained that the applicant
moved out of her property when he was employed as the caravan park manager and moved into the manager’s accommodation at the park. She said that they had not had a common residence since then. She considered the relationship to be one of employer and employee, even though the parties continued to be friendly and intimate. The relationship ended. The applicant claimed a property adjustment in his favour as the parties had been in a de facto relationship. The Court agreed.
Relationships can be very interesting and de facto relationships can produce a lot of different outcomes depending on the circumstances. If you have any questions please contact us.