Fairbairn v RadeckiCitation:[2022] HCA 18Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:11 May 2022Case Number:S179/2021Read more

Fairbairn v RadeckiCitation:[2022] HCA 18Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:11 May 2022Case Number:S179/2021Read more

The Court held that the de facto relationship had broken down within the meaning of s 90SM because the appellant's permanent move to an aged care facility and the cessation of cohabitation indicated the end of living together on a genuine domestic basis and mutual commitment to a shared life.

Source-derived case information.

Parties
Applicant: NSW Trustee and Guardian; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
11 May 2022
Procedural Posture
Family Law De Facto Financial Cause / Judgment
Outcome
Application for property settlement orders granted
Legal Topics
De Facto Relationship, Alteration of Property Interests, Property Settlement, Breakdown of Relationship
Family Law De Facto Relationship Alteration of Property Interests Property Settlement Breakdown of Relationship

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Parties

NSW Trustee and Guardian

Applicant

Respondent

Respondent

Procedural Posture

Family Law De Facto Financial Cause / Judgment

Legal Issues

  1. 1 Whether the de facto relationship between the appellant and respondent had broken down within the meaning of s 90SM of the Family Law Act 1975 (Cth)

Ratio Decidendi

The Court held that the de facto relationship had broken down within the meaning of s 90SM because the appellant's permanent move to an aged care facility and the cessation of cohabitation indicated the end of living together on a genuine domestic basis and mutual commitment to a shared life.

Court Disposition

Application for property settlement orders granted

Orders

  • The appellant's home to be sold to fund aged care facility costs
  • Property settlement orders made pursuant to s 90SM of the Family Law Act 1975 (Cth)