BINNS & SIMON

This matter came before Johns J concerning an application by the parties for leave to apply out of time under section 44(6) of the *Family Law Act 1975* (Cth). The dispute involved the division of property and the final determination of the financial relationship between the parties.

The court was required to determine whether to grant leave for the parties to apply out of time and, by consent, to make orders finally determining the financial relationship between the parties, as far as practicable, pursuant to section 81 of the *Family Law Act 1975* (Cth).

The court granted leave pursuant to section 44(6) of the *Family Law Act 1975* (Cth). By consent, the court ordered that the Applicant would retain the proceeds of sale of a specific property, and that the Respondent would have no entitlement to any personal injury claims the Applicant might receive. The Respondent was to retain his superannuation interests, bank accounts, motor vehicle, and personal items. The Applicant was to retain the proceeds of sale of the property, her personal effects, and her bank accounts. Further orders stipulated that each party would be solely entitled to property in their name or possession, with joint monies to be divided, and each party to forego claims to the other's superannuation and employment-related benefits. Each party was to be solely liable for their own liabilities, and any joint tenancies were severed. The court also made provision for a Registrar to execute documents if a party refused to do so, pursuant to section 106A of the *Family Law Act 1975* (Cth).