CAGAN & SABONE

In the matter of *Cagan & Sabone*, Judge Harman of the Federal Circuit Court of Australia considered an interlocutory application by the husband, Mr Cagan, for leave to commence or maintain proceedings for property adjustment out of time, pursuant to section 44(3) of the *Family Law Act 1975*.

The central legal issue before the Court was whether to grant the husband leave to proceed with his property adjustment claim, notwithstanding the delay in its commencement. This required the Court to assess the circumstances surrounding the delay and determine if it was in the interests of justice to permit the application to proceed.

Judge Harman granted the husband leave to commence or maintain proceedings for property adjustment. The Court also issued detailed procedural orders aimed at ensuring full and timely disclosure of financial documents by both parties, including income tax returns, superannuation statements, bank and credit card statements, and market appraisals for real estate and vehicles. These orders stipulated strict timelines for disclosure and warned that failure to comply would result in documents being inadmissible as evidence. Further directions were given regarding the preparation of a draft balance sheet, the conduct of mediation, and the provision of fee statements by legal representatives. The proceedings were adjourned for further mention and directions, with parties required to be prepared to advise the Court on factual issues, trial estimates, and procedural directions, and to certify that all necessary disclosure and enquiries had been completed. The costs of the application for leave were reserved.