Case: de facto relationship, but why would you bother?

Case: de facto relationship, but why would you bother?

In Delaney v Burgess the appellant de facto wife was able to show that the trial judge was incorrect in finding that her relationship with the de facto husband was only a business relationship of boarder and owner of the home, when amongst other things, they had had sex, he had described her affectionately in a card as his “wife”, in children’s proceedings had sworn that she was his de facto wife and listed her as his flying companion with Qantas.

However, after a relationship of 4 years, when the de facto husband had $450,000+ of property and superannuation, the de facto wife was ordered to be paid $15,000 plus costs of the appeal [all of which would be likely to be fraction of what she had paid in legal costs]. The de facto wife had made little financial contributions during the course of the relationship other than board in part because she had a gambling problem. Why would you bother going to court for such a small sum?

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Sperm donor family limit in Queensland explained

Queensland’s new sperm donor family limit was intended to create clarity, consistency and better access to donor sperm. Instead, guidance issued to IVF clinics has produced a result that appears to halve donor access for many lesbian couples. The legislation provides for a 10-family limit. Yet where two women are in a couple and seek… Read More »Sperm donor family limit in Queensland explained

NSW fertility inquiry: surrogacy evidence under scrutiny

The New South Wales Legislative Council fertility inquiry is examining difficult and practical questions about access to assisted reproductive treatment. Distance matters. Cost matters. Regulation matters. For many people trying to create a family, these are not abstract policy concerns. They can determine whether treatment is available at all. Among the issues before the inquiry… Read More »NSW fertility inquiry: surrogacy evidence under scrutiny

Surrogacy lawyer explains upcoming ALRC reports

Australia is approaching an important moment for family and fertility law. By the end of July 2026 and during August 2026, the Australian Law Reform Commission, or ALRC, is expected to deliver two major reports to Commonwealth Attorney General Michelle Rowland. One report will address surrogacy law. The other will examine Australia’s human tissue laws.… Read More »Surrogacy lawyer explains upcoming ALRC reports

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board