Kristoff & Emerson [2015] FCCA 13 (13 January 2015)
In this case Judge Brewster dismissed an application by a party seeking property division orders who claimed that there was a de-facto relationship in place with the Respondent.
The Applicant had been a sex worker. The Applicant alleged that the Respondent had once been a client of hers but that from 2003 until 2011 the parties had been in a relationship rather than in a commercial relationship as was the case prior to 2003.
The judge noted several of the indicia relevant to establishing a de-facto relationship were in place however several of those indicia were not.
There was regular sex, there was a significant relationship and the Applicant had lived at the Respondent’s home some 5 nights per week. Of note was the fact the Applicant had ceased to be a sex worker. There was no financial relationship between the parties, that is there was no financial interdependence between the parties and the judge based most of his decision on this factor.
