Under s 4AA (1) of the Family Law Act 1975 a person is in a de facto relationship with another person if:
(a) the persons are not legally married to each other; and
(b) the persons are not related by family; and
(c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
The case of Kristoff & Emerson  FCCA 13 (13 January 2015) the third consideration above was discussed. A sex worker in this case alleged that a de facto relationship existed with the respondent. The Respondent had been previously a client. It was alleged by the applicant that the relationship ceased to be a “commercial one” from 2003 until 2011.
Judge Brewster found that in late 2001 or early 2002 the applicant gave up her job as a sex worker. She obtained alternative employment (at ), that from 2003 she lived at the respondent’s property up to five nights per week (at), the sexual intercourse was “regular” (at ) , the relationship was “more significant than a ‘friendship’ (at ). It was found that the parties never shared an economic life. At no stage did they have a joint bank or other account. They never jointly acquired property. The great majority of expenses when the parties stayed together were met by the respondent (at )
After considering s 4AA(2) of the Act and the evidence, Judge Brewster dismissed the application he said at 
“In this case I am not satisfied that there was a de facto relationship between the parties. Some of the indica of a de facto relationship were present, some were not. The factor to which I attach most weight is the lack of any financial relationship between the parties”.
Under S4AA (2) of the Family Law Act 1975 to work out if persons are in a genuine domestic relationship the Court may consider any of the following circumstances which may include any or all of the following:
(a) the duration of the relationship;
(b) the nature and extent of their common residence;
(c) whether a sexual relationship exists;
(d) the degree of financial dependence or interdependence and any arrangements for financial support
(e) the ownership of property, use and acquisition of property;
(f) the degree of mutual commitment to a shared life;
(g) whether the relationship is or was registered under a law of a State or Territory
(h) the care and support of children;
(i) the reputation and public aspects of the relationship.