BALMORE & NADEEM

In the matter of *Balmore & Nadeem*, heard by Judge McNab, the applicant mother sought an extension of time to institute property proceedings under section 44 of the *Family Law Act 1975* (Cth). The application was filed approximately five years after the expiry of the statutory time limit. The dispute arose from the breakdown of a de facto relationship between the applicant and the respondent father.

The central legal issue before the court was whether to grant the applicant an extension of time to commence her property proceedings. This required the court to consider whether the applicant had a prima facie case, whether there was an adequate explanation for the significant delay in filing the application, whether the applicant would suffer hardship if leave was not granted, and whether granting the extension would cause prejudice to the respondent.

Judge McNab reasoned that the applicant had presented a prima facie case that warranted a hearing. The court found that the applicant had provided an adequate explanation for the delay, citing allegations of family violence and her role as the primary carer for the children. Furthermore, the court determined that the applicant would suffer hardship if leave was not granted, while the respondent, who suffered from extremely ill-health, would not be unduly prejudiced by the extension.

Consequently, the court ordered that the applicant be granted an extension of time to commence proceedings to the date of the filing of the application. The costs of the application were reserved, and the parties were directed to advise the court within 14 days whether they consented to mediation. If mediation was not agreed upon, the matter was adjourned for a final hearing with detailed directions regarding affidavit evidence and the filing of an Outline of Case Document.