BELLFIELD & BELLFIELD

In the matter of *Bellfield & Bellfield*, Judge Brown of the Family Court of Australia considered an application by one party for leave to proceed with property settlement proceedings out of time, pursuant to section 44(4) of the *Family Law Act 1975*. The application was opposed by the other party.

The central legal issue before the Court was whether the applicant had established sufficient grounds to be granted leave to commence property settlement proceedings after the expiry of the statutory time limit. This required the Court to consider various factors, including the applicant's explanation for the delay, the prima facie merits of their case, the prospective costs of pursuing the application, and the balance of hardship between the parties. The Court also had to assess whether the proposed claim could be considered uncommercial.

Judge Brown found that the applicant's explanation for the significant delay in commencing proceedings was inadequate. The Court weighed this lack of a satisfactory explanation against the other factors, including the respective contributions of the parties and the potential hardship. Ultimately, the Court determined that the applicant had not satisfied the onus of demonstrating sufficient grounds to justify granting leave to proceed out of time.

Consequently, the Court dismissed the application for leave to proceed with the property settlement application out of time.