CHAUCER & LAKE

In *Chaucer & Lake*, heard by Judge Scarlett, the applicant sought leave to commence property proceedings under s 79 of the *Family Law Act 1975* (Cth) sixteen months after a Divorce Order had been made. The respondent sought an order that the applicant pay her costs.

The primary legal issue before the court was whether the applicant would suffer hardship if leave to commence property proceedings out of time were not granted. This required the court to consider various discretionary factors, including whether there was a satisfactory explanation for the delay, whether the applicant had a prima facie claim worth pursuing, and whether the application had any real probability of success if leave were granted, particularly in light of a relatively modest asset pool.

Judge Scarlett granted the applicant leave to institute proceedings. The court's reasoning, though not detailed in the provided text, indicates that the discretionary factors favoured the applicant, leading to the conclusion that hardship would be suffered if leave were refused. The court also ordered the respondent to file and serve a Response to the Property Application, an affidavit stating the facts upon which she relies, and a Financial Statement by 31 July 2013, and adjourned the application for further mention on 5 August 2013.