ARSHAD & MIATA

In the matter of ARSHAD & MIATA, heard before Judge Obradovic, the applicant sought leave to commence property adjustment proceedings out of time, approximately eight years after the cessation of the parties' de facto relationship. The dispute also involved an application for property adjustment under s 90SM of the *Family Law Act 1975* (Cth), with allegations of family violence and a potential *Kennon v Kennon* claim.

The court was required to determine two primary legal issues: firstly, whether to grant the applicant leave to commence proceedings out of time pursuant to s 44(6) of the *Family Law Act 1975* (Cth), considering the significant delay; and secondly, if leave was granted, to make orders for the adjustment of property between the parties, taking into account the alleged family violence.

Judge Obradovic granted the applicant leave to commence proceedings out of time, acknowledging the circumstances presented. The court then proceeded to make property adjustment orders. The respondent was ordered to transfer his interest in the B Street, Suburb C property to the applicant, who was subsequently required to refinance the associated mortgage into her sole name and indemnify the respondent. The remaining assets, including bank accounts, superannuation, chattels, and other real property, were to be retained by each party respectively, with no claim by the other. The court also made provision under s 106A of the *Family Law Act 1975* (Cth) for the Registrar to execute documents if either party refused to comply with the orders.