Braid and Singh

In *Braid and Singh*, Benjamin J of the Family Court of Australia considered an application by the wife for leave to commence proceedings out of time concerning property interests and spousal maintenance. The husband opposed the wife's application for leave.

The primary legal issues before the court were whether the wife should be granted leave to apply for an alteration of property interests under section 79 of the *Family Law Act 1975* (Cth) and for spousal maintenance under section 72 of the *Family Law Act 1975* (Cth), notwithstanding that the time limits for such applications had expired.

Benjamin J granted the wife leave to apply out of time for both property adjustment and spousal maintenance. The court's reasoning and the specific principles applied in determining whether to grant such leave are not detailed in the provided text, but the outcome indicates that the wife satisfied the necessary criteria for the court to exercise its discretion in her favour.

The court ordered that the wife be granted leave to apply out of time on or before 30 August 2007 for alteration of property interests under s 79 of the *Family Law Act* and for spousal maintenance under s 72 of the *Family Law Act*.