Long distance defacto relationship held to exist – separation by email

In the case of Cadman & Hallett [2014] (11 August 2014) the Full Court of the Family Court dismissed an appeal by Mr Cadman against a decision made by the original trial judge as to the length of a defacto relationship between himself and Mr Hallett.  Mr Cadman had argued that the relationship had ended in 2000 whereas Mr Hallett believed it had ended in 2010.  Between 2000 and 2009 Mr Hallett had travelled often to the United States to organise his studies and exhibit his art.  The Full Court at [26]-[28] found no error in Rees J’s (trial judge)  conclusion that  “many emails between the parties…demonstrated clearly the [parties’] commitment to each other and their shared life…notwithstanding the time that Mr Hallett spent in the United States” and that an email sent from Mr Cadman to Mr Hallett in 2010 saying “[l]iving with me in Town N is not right or an option” indicated his intention to end the relationship.