Booth v Ward

In Booth v Ward, the applicant, Booth, sought an adjustment of property interests under the Property Law Act 1958 following the breakdown of a domestic relationship with the respondent, Ward. The application was lodged outside the statutory time limits, and Ward opposed the application, arguing it was a nullity as it was not accompanied by leave to apply out of time. Booth contended that leave to apply out of time was not required and that the application was validly made. The matter was heard in the Family Court of Australia.

The primary legal issue before the court was whether leave to apply out of time must be obtained before a substantive application for an adjustment of property interests can be made. Additionally, the court considered whether Ward's original consent to the application for leave and the substantive application being heard together precluded him from later opposing the application on the basis that it was out of time. The court also examined the discretionary considerations in determining whether to grant leave to apply out of time.

The court held that leave to apply out of time must be sought and granted before making a substantive application for an adjustment of property interests. However, the court found that Ward's original consent to the application for leave and the substantive application being heard together precluded him from later opposing the application on the basis that it was out of time. The court exercised its discretion to grant leave to apply out of time, finding that the applicant's delay was not inexcusable, and the respondent would not be prejudiced if the application proceeded. The court emphasised the importance of considering the discretionary factors in each case, departing from the approach in Harris v Harris.

The court granted leave to apply out of time and allowed the substantive application to proceed. The court ordered that the application for an adjustment of property interests be heard on its merits.