BEAL & FLORES

In the matter of *BEAL & FLORES*, heard by Judge Brown, the applicant sought leave to commence de facto property proceedings out of time, pursuant to section 44(6) of the *Family Law Act 1975* (Cth). The respondent opposed the application.

The central legal issue before the court was whether to grant the applicant leave to proceed with his property settlement application, notwithstanding that the statutory time limit had expired. This required the court to consider the factors outlined in section 44(6), including whether there was a prima facie case, the explanation for the delay, and the balance of hardship between the parties.

Judge Brown granted the applicant leave to proceed. The reasoning involved an assessment of the applicant's explanation for the delay and the potential hardship to both parties if leave were refused. The court found that the balance of hardship favoured granting the application, allowing the matter to proceed to a conciliation conference. The court also made directions regarding discovery and adjourned the matter for further directions.