Coyle and the Executors Of the Estate Of Simonds (deceased)

In the Federal Circuit Court of Australia at Brisbane, Judge Egan considered an application by the Applicant, Ms Coyle, against the Executors of the Estate of Simonds (deceased). The dispute concerned property adjustment orders sought by Ms Coyle following the death of Mr Simonds.

The primary legal issues before the court were whether the Applicant should be granted leave, retrospectively, to make her application for property adjustment orders under s 90SM of the *Family Law Act 1975* (Cth) and to continue that application against the respondents in their capacity as legal personal representatives of the deceased. The court also needed to determine the future conduct of the proceedings, including the filing of submissions on quantum, the property pool, and proposed orders.

Judge Egan granted the Applicant leave, *nunc pro tunc*, to make and continue her s 90SM application. This indicates the court found sufficient grounds to permit the application to proceed despite potential procedural irregularities or timing issues. The court then directed the parties to file and serve further submissions on key aspects of the property adjustment claim, including the value of the property pool and the specific orders sought.

The matter was adjourned for a further mention, with liberty to apply granted to both parties on short notice. This indicates that the substantive determination of the property adjustment orders had not yet occurred, and the court was managing the progression of the case towards that final resolution.