Federal Circuit Court Judge Coker recently found that a de facto relationship did not exist between two gay men, despite them living together for extended periods over seven years and maintaining a sexual relationship.
The court heard that the two men met by chance one night and the younger man then moved in with the older man within days. Evidence was given that the parties lived together on and off for the next seven years while also sharing a non-exclusive relationship.
Nicholas Stewart, the lawyer for the older man and a partner at Dowson Turco Lawyers Newtown, said the ruling was long overdue and will forever change the way family law sees same-sex relationships. “Our client was an older man who welcomed another gay man into his house to share household duties. Things did not go as planned, and after a number of years the younger man lodged a property application under family law, claiming an entitlement to the older man’s property.”
“The applicant claimed the two men had been in a de facto relationship and the younger man wanted hundreds of thousands of dollars from the older man. Our client initially went to three different law firms only to be told each time there was no point in denying a de facto relationship, as same-sex relationships were not well understood in family law, and to a Family Court judge, the disputed relationship looked like a de facto relationship. When he came to Dowson Turco, he was desperate,” Mr Stewart said.
“Rarely do we get the opportunity or rarely would we even recommend taking such a matter to trial, but as all attempts to settle this dispute were resisted, it was our client’s last hope. We were aware of the lay concept of ‘friends with benefits’ but this principle had never been tested in Commonwealth Family Law. In the end, with help from friends and family, our client was able to have his day in court.
“We argued strongly that this situation was more like landlord and tenant, and that the relationship was one of ‘friends with benefits’ based on its non-exclusive nature.”
Mr Stewart said: “The judge agreed with our client and we believe a factual precedent has been established that has implications for straight relationships as well. The laws covering de facto relationships are quite clear but this ruling may allow the courts to consider other factors when trying to establish whether a de facto relationship exists.
“Our client hopes the decision will deter future opportunistic property claims and by doing so, safeguard the property rights of those vulnerable women, men and children who may be affected by unjustified equitable claims on family money. It has been a protracted and expensive dispute for our client, but he is now hoping to write a book to tell his personal story and we wish him well.”
