Camillo & Camillo

In the matter of *Camillo & Camillo*, Ms. Camillo (the Applicant) sought an extension of time to commence proceedings against Mr. Camillo (the Respondent). The dispute concerned the division of property following the parties' separation. The decision was made by Justice McNab.

The primary legal issue before the Court was whether to grant the Applicant an extension of time to commence proceedings, which involved considering the principles of avoiding hardship and the existence of a prima facie case. The Court was also required to determine the appropriate procedural orders for the future conduct of the matter, including setting dates for mention and final hearing, and outlining requirements for the filing of evidence and submissions.

Justice McNab granted the extension of time, reasoning that the legislative intent behind granting such extensions is to avoid hardship. The Court found that the Applicant had demonstrated a prima facie case, supported by affidavit evidence and an agreed statement of facts, indicating that a just and equitable adjustment of property interests was warranted. The Court noted the significant disparity in financial resources between the parties following separation, with the Applicant possessing modest funds and assets compared to the Respondent who retained substantial property and other assets. This disparity, coupled with the length of the parties' relationship and shared life, led the Court to conclude that the Applicant would suffer greater prejudice if the extension were not granted.

The Court ordered that the Applicant be granted an extension of time to commence proceedings to the date of filing the application. The matter was adjourned to the Federal Circuit Court of Australia at Melbourne for a mention on 19 October 2021 and a final hearing on 31 January 2022, estimated to take two days. Further orders were made regarding the parties' leave to amend their applications, the format and filing of evidence by affidavit, the preparation of agreed issues and facts, and the filing of outlines of case, with strict timelines and consequences for non-compliance. The Court also noted provisions concerning family violence and the potential for unrepresented parties to receive assistance.