D v D

The case of D v D involved a de facto spouse who sought leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974 in Queensland. The applicant argued that more than two years had elapsed since the relationship ceased, and they had a sufficient explanation for the delay in making the application. The court was required to determine whether the applicant would suffer hardship if denied leave to apply and whether the judge should exercise the discretion to grant leave to apply.

The court examined the applicant's circumstances and found that the delay in making the application was due to the applicant's illness and financial hardship. The court also noted that the applicant had made efforts to resolve the property dispute through negotiation and mediation but had been unsuccessful. The court concluded that the applicant would suffer hardship if denied leave to apply and that the judge should exercise the discretion to grant leave to apply. The court also noted that the application for property adjustment would proceed on the basis of the originating application filed on 21 December 2006.

The court granted the applicant leave to apply for a property adjustment order pursuant to Part 19 of the Property Law Act 1974. The court also ordered that the application for property adjustment proceed on the basis of the originating application filed on 21 December 2006. The court adjourned the application for property adjustment to a date to be fixed and made no order as to costs. This decision highlights the importance of considering the circumstances of each case when deciding whether to grant leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974.