Following on from last week’s post, some comments were received in relation to the lack of cases in this relatively new area of law.
Interestingly, the superannuation legislation (for those particularly interested, the actual regulation is 1.04AAAA) sets out a number of tests in relation to whether a relationship between two people amounts to an interdependency relationship.
In summary, the tests include:
(a) the duration of the relationship;
(b) whether or not a sexual relationship exists;
(c) the ownership, use and acquisition of property;
(d) the degree of mutual commitment to a shared life;
(e) the care and support of children;
(f) the reputation and public aspects of the relationship;
(g) the degree of emotional support;
(h) the extent to which the relationship is one of mere convenience; and
(i) any evidence suggesting that the parties intend the relationship to be permanent.
A link the above definition is as follows:
http://www.austlii.edu.au/au/legis/cth/consol_reg/sir1994582/s1.04aaaa.html
Many of these themes are similar to the definition of what a de facto relationship is, which were summarised in a post a few weeks ago.
Due to the September holidays, the next post will be in a couple of weeks time.
