BARNETT&KEENAN

In the matter of *Barnett & Keenan*, the husband sought to have the wife's claim summarily dismissed. The proceeding concerned property settlement following the breakdown of the marriage.

The primary legal issue before the court was whether the wife's claim for property settlement was out of time, and if so, whether leave should be granted to proceed with the claim notwithstanding the delay. The court was required to consider the relevant provisions of the *Family Law Act 1975* (Cth) concerning the time limits for commencing property settlement proceedings and the criteria for granting an extension of time.

Judge Phipps considered the arguments presented by both parties regarding the delay in commencing proceedings and the potential prejudice to each party. The court applied the principles governing applications for leave to extend time under section 44(6) of the *Family Law Act 1975* (Cth), which requires the applicant to demonstrate that hardship would be caused to the applicant or a child of the marriage if leave were not granted. The court found that the wife had raised sufficient matters to warrant a full hearing on the question of whether leave should be granted.

Consequently, the application for summary dismissal of the husband’s claim was dismissed.