Interdependency relationships – further examples

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.

What is an ‘interdependency relationship’?

Following on from last week’s post, one issue that was raised with me related to the concept of an 'interdependency relationship' under the superannuation rules.

Again, for those who have not had cause to look at it recently, this definition is worth reviewing closely and an extract of it is included below.

Two persons (whether or not related by family) have an interdependency relationship under this section if:

(a) they have a close personal relationship; and
(b) they live together; and
(c) one or each of them provides the other with financial support; and
(d) one or each of them provides the other with domestic support and personal care.

In addition, two persons (whether or not related by family) also have an interdependency relationship under this section if:

1. they have a close personal relationship; and
2. they do not satisfy one or more of the requirements of an interdependency relationship mentioned in paragraphs (a), (b), (c) and (d); and
3. the reason they do not satisfy those requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability.

A link the above definition is as follows:

http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s302.200.html

Until next week.