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The Voic(edr iivoenf b yt thhe evo iicMe of aiitsl retaedesrse ) Issue Fortnightly magazine for the Diaspora November 5, 2019 215 Fortnightly magazine for the Diaspora The Government in Malta is mak- ing the construction of high level roads and road safety a priority. As part of its on-going plans to spend at least €700 million on building new roads in seven years, it is now projecting the construc- tion of an intersection made up of two new tunnels beneath the roundabout at Gudja to link the south-and northbound carriage- ways of L-Avjazzjoni Avenue and Hal-Far road, allowing road users travelling to and from the airport, Birzebbuga, the Freeport and Hal- Far to bypass the roundabout. 2 The Voice of the Maltese Tuesday November 5, 2019 Below is final part the series of articles about the Maltese heroes who gave their all so that our National dignity Viva Malta! homeland in the Mediterranean could become what it is today. A history to be proud of, to celebrate, and one that must recognise the magnificent contribution made by our ancestors. Wor meh this ais thte cr uxc of may n we do to bring our whole essay on the heroes of Malta and the part our little homeland has played in the history of the world, as we Fknow it. In order to respond to this hI takee your bacok to emy sno t jutstiofied. " life? introductory statement in the first of the articles in this se - It is this feeling of subservience, ries. I will do this by quoting a substantial extract from it of being less than other Euro - since, I believe, it perfectly encapsulates the point I am at - peans, perhaps especially less tempting to make: than those who had been our “When I first came to Australia as a 12-year-old, I did my very masters in the past, that I want to best to assimilate into the dominant Anglo based Australian challenge forever. This sense of community. I didn't want to stand out as a 'foreigner' and es - being inferior, not only in the pecially not as one from an origin in the Southern Mediter - eyes of others but, of greater sig - Andy Busuttil ranean region. nificance in our own eyes, needs I desperately wanted to belong and felt that there was really to be changed once and for all. nothing of any value in my 'wog' back - I am not suggesting for a moment ground that would be appreciated by my that we view the world from a posi - newfound country folk. Regardless of our size tion of arrogance and hubris. We Worse still, I did not believe in my own as a nation or as a have suffered that from too many value as a Maltese national. I did not ad - others in our lives. I am also not sug - equately understand the history of our homeland, we Maltese gesting that we do so from a position people and the extraordinary contribu - have been magnificent of pride, which can also be destruc - tions we had made over the millennia to tive to others and ourselves. the history of the world. in our carriage and in What I am suggesting is that we do Consequently the value of our history . so with dignity and with a strong and of the people who had constructed that historuy, rth te rMaadlteistei, onses nse of who we are and what we have contributed in our was also lost to me. In feeling this way I know I was not alone long and magnificent history. It is a history that is recog - amongst my compatriots in the Maltese diaspora. nised in the historical artefacts that remain on our island Many of us felt this way, perhaps ashamed of our language home. However, it is not a history that has been ade - and our national background. We didn't know enough about quately recognised in the names and the beings of our our origins to feel that sense of pride in our homeland and, more people. importantly, a sense of pride in ourselves. It is time to change that. It is time to recognise in our - We tended to approach our new homeland and its people from selves and to pass on to our children and their children a a subservient position rather than one of equality and pride in clear understanding that, regardless of our size as a nation ourselves. or as a homeland, we have been magnificent in our car - We often reacted with physical violence when called 'wogs' riage and in our traditions. but I wonder if we ever truly believed that the denigration was While we need not view the world from a position of 'pride' we need, nonetheless, to be proud of ourselves and to never hang our heads low. Our place in the world has made an astounding contribution and an enormous difference. The few examples that I have used in this series of articles are not the complete picture by any stretch of the imagination. It is only the start of the story. It is left to you and your chil - dren to complete it and to do it as members of a diaspora that has spread to all parts of the world, a world that our progenitors shaped with nobility, commitment and dedi - cation. Awarding Malta’s heroes: As I have said so many Governor Lord Gort present - times and as I say in ing the George Cross to every concert that Sko - Chief Justice Sir George rba presents to Maltese Borg (right) in the presence community audiences: of Commissioner Axisa on 'Viva Malta u viva niesna September 13, 1942, l-Maltin'. *Concluded Tuesday November 5, 2019 The Voice of the Maltese 3 Another service offered by The Voice of the Maltese providing legal information to our readers Am I in a de facto relationship? by Paul Sant 7. If the relationship has been regis - contributions & serious injustice – tered under a State law both must be present t is not uncommon to hear different 8. Care and support of children things that your friends or family 9. Reputation and public aspects of the Contributions in family law include may have heard - such as, “Once relationship. both financial and non-financial; direct Iyou’ve lived with someone for 2 years, and indirect. Determining whether one it’s a de facto relationship”, or “I read on - Where does the 2 years come party made substantial contributions is a line that once you’ve lived with someone from? subjective test to be applied in all the cir - for 6 months it’s de facto”. cumstances surrounding the parties to the The truth is, in a family law context, and Where one party to a de facto relation - de facto relationship, and contributions for the purposes of seeking a property ship asks the court to make a property made in that context. settlement after the irreconcilable break - Order (such as for spousal mainte - An example may be a large lump sum down of a relationship, the length of time nance, or altering interests to property of money, say $50,000. BUT it could also two people have lived together is only owned by the parties solely or jointly), be a sum of $5,000, where the financial one factor the court considers. the court must be satisfied of any of the circumstances of the parties are modest, following: and balanced with other contributions. Definition of de facto relationship 1. The period, or total of the periods, If the court finds there were substantial – Family Law Act 1975 of the relationship, is at least 2 years; contributions, it then goes on to deter - OR mine whether the Applicant has proved, If the persons in a de facto relationship: on the balance of probabilities, that fail - 1. Are not married to each other; AND 2. There is a child of the de facto re - lationship; OR ure to make a property adjustment Order 2. Are not related by family; AND would result in a serious injustice to the 3. Having regard to all circumstances of 3. The relationship was registered under a State/Territory law; OR Applicant. the relationship, they are living together What the court considers may include as a couple on a genuine domestic basis. 4. The party who applies for property Orders: the overall property pool, and contribu - The relationship fits into the meaning of a. Made substantial contributions tions made by the Respondent during the ‘de facto’ under the Family Law Act . AND relationship. For example, where an Ap - b. Failure to make Orders would re - plicant lived in accommodation rent free, What does ‘living together sult in serious injustice to the appli - or provided financial support during a de as a couple’ mean? cant. facto relationship, contextual substantial Whilst two years is noted in section contributions may be offset and the court The legislation provides further details as 90SB of the Family Law Act, there are will hold that no substantial injustice what other circumstances of the relation - cases where the court finds a de facto re - would occur, based on benefits received ship should be considered (and consider - lationship did exist, where the total during the relationship: Dover & Mosely ation of each is not mandatory): length of cohabitation was less than two & Anor [2019]. 1. The duration of the relationship years. In Volpe & Stark [2019], the parties had 2. The nature and extent of common It may be a useful starting point in as - lived together for 13 months.

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