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… Read More »Custom Single Post Header

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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?

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART