Austwick and Leandros

In the matter of *Austwick and Leandros*, heard before Judge Harman, the dispute concerned the existence of a de facto relationship and the subsequent ability to commence or continue proceedings under the *Family Law Act 1975* (Cth). The applicant sought declarations and orders relating to the de facto relationship, while the respondent contested the timing and validity of these claims.

The court was required to determine whether a de facto relationship existed between the parties, and if so, when it commenced and concluded. Crucially, the court also had to consider whether the proceedings had been commenced out of time, and if leave was required under section 44(6) of the *Family Law Act 1975* to continue or initiate them.

Judge Harman declared that a de facto relationship existed between the parties from mid-2012 until no later than 15 August 2016. Based on this finding, the court determined that the proceedings were initiated out of time and that leave pursuant to section 44(6) was required. However, the court refused to grant leave to commence, continue, or maintain the proceedings out of time. Consequently, all extant applications and responses were dismissed, and previously made injunctions were discharged, allowing the respondent to access funds held in trust. The applicant was also ordered to pay the respondent's costs fixed at $17,206.