CASE: Radecki & Fairbairn [2020] FamCAFC 307; Fairbairn & Radecki [2020] FCCA 1556

Fairbairn and Radecki started a relationship when both were in their 50s, had already acquired their own assets, and had their own children. A core element of their relationship was their agreement to always keep their finances separate.

However, when Fairbairn lost capacity and moved into a nursing home, Radecki refused to move out of her house. The house was Fairbairn's only assets and only if it was sold would she be able to pay the aged care accommodation bond.

Radecki, on the other hand, owned three properties in his own right. Yet despite that, he continued to live rent free in Fairbairn's house while what little savings she had were eaten away by aged care fees.

The NSW Trustee & Guardian, acting as Fairbairn's financial manager, started family law proceedings claiming that the relationship with Fairbairn and Radecki had ended.

But had it???