LAWS1112 ADULTING: LAW FOR EVERYDAY LIVES

TUTORIAL 5 - RELATIONSHIPS

Alex and Sam met in January 2020, and started dating straight away. As lock-
downs loomed, they decided to move in together in March 2020. Although Alex
owned a unit in Northbridge, Alex decided to rent that out so they could both
have a fresh start as a couple in a new place. They adopted a dog together in
April 2020 (soon after ‘stay at home’ measures commenced in response to
COVID-19).

They both went to the Perth Dog Refuge and picked the dog out together. They
took the dog home, named her Tilly, and she instantly became a much-loved
member of their household.

For the first 6 months, both Alex and Sam contributed equally to the rent and to
Tilly’s upkeep, halving all vet bills, food costs, and other expenditure related to
Tilly.

Unfortunately, in December 2020, Sam lost their job because the company they
worked for went bankrupt. Alex, who had a consistent job as a primary school
teacher, started to pay for the entirety of Tilly’s upkeep and took over 75% of
the rent. Sam was able to get casual work as a barista and contributed 25% of
the rent however, Sam tried to pitch in where they could by walking Tilly each
day and cooking her gourmet homemade meals. This arrangement continued for
the following year.

In March 2022, Sam and Alex split up. Since Alex was in a better financial
position than Sam, Alex was the one to move out and find a new place to live
until they could move back into their unit, leaving Tilly with Sam at their old
home.

Alex wants to have a custody arrangement in place for Tilly. However, they say
that if there is no such thing as a custody arrangement for pets, they want to take
full ownership of Tilly.

Answer the following questions:

1. How are pets treated in law? Are they treated as children or

property? Do you agree?
Pets
[You will need to search for information about this]

2. Are Alex and Sam de facto partners? If so, how would property be
split? Do you agree with this division?
They were in a de facto relationship. Property Orders