SA Lying a About De Facto Relationship - Help?

Discussion in 'Criminal Law Forum' started by Adam Mertz (Mertsee), 18 April 2019.

  1. Adam Mertz (Mertsee)

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    Basically can a family member lose their house through another's false allegations that they were in a gay relationship with my family member and living in the house with my family member for over six months until my family member locked them out of the house?

    After changing the locks, none of it is anywhere near true but it looks like it's going to court because the idiot making up the whole scenario of being in a gay relationship, etc. with my family member is intellectually disabled and so, of course, everyone feel sorry for him and believes him?

    He is also saying that because he was locked out the house by my family member that he has no photos or anything to prove that he is telling the truth, that my family member kept it all and destroyed it and that my family member is now denying they were ever in a gay relationship with the liar because the liar is jealous and would like my family members house.

    My point being, if enough people who have it in for my family member because they truly believe and feel sorry for the person who is intellectually disabled decided to, out of revenge, get up in court and lie by saying the intellectually disabled person was in a gay relationship with my family member and living in my family member's house for over six months, is the magistrate likely to rule in the liar's favour based on these peoples hearsay at all or will they ask for factual proof of a de facto relationship?

    My family member does not really have much family to testify over here in Australia that it never happened because they all live over in Croatia. Thanks.
     
  2. Atticus

    Atticus Well-Known Member

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    In family law, in relation to property orders being filed, the applicant and respondent would need to have been living together in a genuine de facto relationship... FOR A MINIMUM OF 2 YEARS.... Living together for 6 months is not long enough ...
     
  3. Adam1user

    Adam1user Well-Known Member

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    I don't have much knowledge about this this subject but I will give you my point of view that may help, if that person stayed in your family home, then there should be mail, invoices in that person's name sent to you family's property, so this point can be raised to provide as evidence, if that person says it was destroyed by someone, copies can be easily obtained from the service providers, further to that, Australia post my have record for registered mail etc.... there are a lot of things that you can think of to prove if the person was living in that area or not.
    Good luck!
     
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  4. Scruff

    Scruff Well-Known Member

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    While this appears to be a Family Law question, it has been posted in the Criminal Law forum and it appears that the OP may also have some other concerns about the actual conduct that they have described. So with that in mind, I just want to expand a little on what Atticus has said...

    For a Family Law matter, what Atticus stated above applies and the relationship would generally need to have lasted for at least 2 years without separation.

    For criminal matters however, for example if some related incident has been reported to the Police, then state laws would apply in relation to that particular matter, in which case the duration of the alleged relationship could still be relevant, even at 6 months.

    In NSW for example, references to de facto partners and relationships are explained in section 21C of the NSW Interpretation Act. In that section, the duration of the relationship is just one matter that may be considered on a case by case basis - and there is no minimum duration mentioned. Therefore depending on jurisdiction and the individual circumstances of the case, 6 months could be more than enough to satisfy a court that a de facto relationship existed.

    So for matters not related to Family Law, you need to check how de facto relationships are dealt with under the relevant laws. For criminal matters (pretty much anything where the Police have been involved), that would be the state laws for South Australia.
     
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