New de facto ruling

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On 11 June 2015, the Federal Court of Australia Full Court (FCAFC)

found that a couple do not need to have lived together to satisfy the requirement of ‘live together or live separately and apart on a permanent basis’, which is prescribed in the s5CB definition of ‘de facto relationship’.

This decision quashes the Federal Circuit’s decision of 26 March 2014, which found that a couple cannot meet the definition of de facto partners, as prescribed in s5CB of the Act, if they have never lived together.

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