((2012) 48 Fam LR 562; (2012) FLC ¶93–522; [2012] FamCAFC 200) (‘Jonah v White’).
2.
See Coker J's discussion in Lorry & Musk [2015] FCCA 1773.
3.
Cf cases where one party's financial maintenance by the other has been found to be a significant factor supporting the finding that a de facto relationship exists. See YoungLisa, Family Law in Australia (LexisNexis Butterworths, 8th ed, 2013) at [5.108] referring to Dakin v Sansbury [2010] FMCAfam 628; Smyth v Pappas [2011] FamCA 434; and Moby v Schulter (2010) FLC 93–447.
4.
KovacsDorothy, ‘A Federal Law of De Facto Property Rights: The Dream and the Reality’ (2009) 23Australian Journal of Family Law104, 107.
5.
MillbankJenni, ‘De Facto Relationships, Same-sex and Surrogate Parents: Exploring the Scope and Effects of the 2008 Federal Relationship Reforms’ (2009) 23Australian Journal of Family Law1, 4 citing Senate Standing Committee on Legal and Constitutional Affairs, Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Bill 2008, Report, October 2008, at [3.9]–[3.13]; Commonwealth, Parliamentary Debates, Senate, Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 in Committee, 16 October 2008, 6243 (Senator Brandis).
6.
See, eg, Taisha & Peng and Anor [2012] FamCA 385.
7.
Green v Green (1989) 13 FamLR 336 at 337. The case of Green referred to in this paragraph was not an application of statutory de facto provisions, but rather an appeal under the rules of equity in the NSW Court of Appeal in which the deceased had maintained one marriage and two non-married intimate relationships concurrently over a number of years.
8.
See, eg, Dridi v Fillmore [2001] NSWSC 319 at [101]; Arachchige v Dixon [2006] TASSC 16.
9.
See, eg, Cressy v Johnson (No. 3) [2009] VSC 52 at [114–115]; Flood v Dockerty [2010] VSC 233 at [15]; R v Bong [2013] SASC 39.
10.
Barry v Dalrymple [2010] FamCA 1271 at [66].
11.
LAB v AWH [2009] QSC 310; Reece v Little [2009] WASC 30.
12.
Estrella v McDonald [2012] VSC 61 at [170].
13.
GraycarReginaMillbankJenni, ‘From Functional Family to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition’ (2007) 24Washington University Journal of Law and Policy121.
14.
Roy and Sturgeon (1986) DFC 95–031 per Powell J; D v McA (1986) II Fam LR 214.
15.
As established by Watson J in Marriage of Todd (No 2) (1976) I FamLR 11, 186 11, 188 and approved and added to by the Full Court in Marriage of Pavey (1976) I FamLR 11, 358.
16.
Section 5(1) of the Marriage Act 1961 (Cth) defines marriage as a ‘union of a man and a woman to the exclusion of all others, voluntarily entered into for life’ [emph].
17.
Young, above n 3, [5.106], referring to Baker v London (2010) 238 FLR 210 at 215; Kovacs, above n 4, 118; DickeyAnthony, ‘Further Consideration of a De Facto Relationship’ (2012) 86Alternative Law Journal163, 164.
18.
The Full Court had previously approved Murphy J's approach in Ricci v Jones [2011] FamCAFC 222 at [59].