IN THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN

MR SCHUESTER [Appellant]

- and –

DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND

INDIGENOUS AFFAIRS [Respondent]

SUBMISSIONS OF THE RESPONDENT

Filed on behalf of the Department of Families, Housing, Community Services

and Indigenous Affairs by Macey.

1. Mr Schuester and Ms Pilsbury are members of a couple for the purposes of the
Social Security Act 1991 (Cth) and they were in a marriage-like relationship
from 2 March 2003 until 1 June 2006.

THE ABOVE SUBMISSIONS FOR THE SENIOR COUNSEL FOR THE

RESPONDENT ARE SUPPORTED AS FOLLOWS:

Submission 1

1. The financial aspects of the relationship indicate a marriage-like relationship.

1.1 They paid bills jointly.

1.2 Ms Pillsbury had access to Mr Schuester’s bank accounts and withdrew

money from his account to pay for rent, groceries and other bills. This
indicates significant pooling of resources.

1.3 Mr Schuester funded a trip to Thailand for both himself and Ms Pillsbury
in December 2006.

Submission 2
 2. The nature of the household indicates a marriage-like relationship.

2.1 Ms Pillsbury assisted Mr Schuester with shopping, cooking, dressing,

bathing and cleaning in exchange for board and lodging initially, however
upon gaining a full time job, Ms Pillsbury continued to provide him with
care.

2.2 Ms Pillsbury and Mr Schuester lived together in Melbourne before moving

to live together in Adelaide.

Submission 3

3. The social aspects of the relationship indicate a marriage like relationship.

3.1 Ms Pillsbury and Mr Schuester always make social plans together and
have even travelled together to Thailand for a holiday and shared rooms
during this trip.

3.2 Mr Schuester represented in hospital that Ms Pillsbury was his partner,

demonstrating that they present themselves as in a marriage-like
relationship to the rest of the world.

Submission 4

4. The nature of the peoples’ commitment to each other indicates a relationship.

4.1 Ms Pillsbury and Mr Schuester were in a marriage-like relationship for a 3

year period.

4.2 They are both reliant on each other for companionship and emotional
support.

4.3 During their 3 year relationship, Ms Pillsbury moved to Adelaide with Mr

Schuester, indicating that their relationship was likely to continue
indefinitely.

Dated this 6th day of August, 2010

Elizabeth Macey

Senior Counsel for the Respondent

Abbey Kendall

Junior Counsel for the Respondent