"In Aylmore v Durack, unreported; SCt of WA; Library No 2169; 7 October 1977, Wickham J expressed the view that the term 'de facto widow' was 'logical nonsense' and was therefore likely to have been used by Parliament in a colloquial and popular sense. In that case, his Honour contrasted the opposing arguments submitted to him by counsel for the executor and counsel for the plaintiff. He said:
'The submission was that for her to qualify as a de facto widow, there must have been a union which involved every incident of Christian marriage (except the lawful celebration thereof) including the subjective element of a mutual intent of a lifetime of exclusive cohabitation. The other view is that the term de facto widow was used by the Parliament in a colloquial and popular sense as meaning the survivor of a relationship which to outward appearances was that of a married wife and not necessarily involving the subjective element referred to.'
His Honour preferred the latter and, in addition, he said:
'Further, the additional qualification to de facto widow necessary for standing tends to indicate that the term is intended to extend to a woman enjoying all the outward appearances of marriage other than a lawful ceremony if the specific conditions are present.'
In Re Harding (deceased); Thornton v Perpetual Trustees WA Limited and Ors [1983] WAR 266, Brinsden J endeavoured to obtain some assistance from reading the Parliamentary debates when the Act was introduced, but he was unable to obtain that assistance and adopted the construction placed on the section by Wickham J. It is apparent, from reading these decisions, that it is necessary to show that, at the time of death of the deceased, the two were living together as part of the same household as if they were married, but without the lawful celebration of a marriage and without necessarily having a mutual intent of a lifetime of cohabitation. We would not regard it as necessary to establish that the parties were thought by others to be man and wife. If that be the case, then no doubt it could be used as evidence to support the finding sought. It would not, however, be conclusive.
Regard must be had to the entire relationship. This is encompassed by the succinct remarks of Kirby P, in AA Tegel Pty Ltd v Madden (1985) 2 NSWLR 591 at 593, who described de facto relationships as:
'... the relationships between persons who, though not legally married live together sharing domestic circumstances and bound by affection and, usually, sexual relations.'
The need to examine all the circumstances of each individual relationship to determine whether a man and woman lived together as husband and wife, despite the absence of a formal marriage, was emphasised in Lynam v Director General of Social Security (1983) 52 ALR 128. In the latter case Fitzgerald J considered whether the relationship between a man and a woman was such that, although they were not legally married, they were nevertheless living together 'as husband and wife on a bona fide domestic basis.' At 131 his Honour, after pointing out that, in Lambe v Director General of Social Security [1981] FCA 171; (1981) 38 ALR 405, the Full Court of the Federal Court had stated that all facets of the interpersonal relationship need to be taken into account, said: