A de facto relationship can exist between two people of the same sex

In Ye v Fung (2006) NSWSC 243 Gzell J said at 56: “The new definition of a de facto relationship in the Property (Relationships) Act 1984, section 4 clearly encompasses homosexual partners … A de facto relationship is redefined as being a relationship between two adult persons who live together as a couple and who are not married to one another or related by family. This redefinition … is designed to be clearly inclusive of those living together as homosexual couples.”


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