DEAN & GARNET

In the matter of DEAN & GARNET, the applicant sought leave from the Federal Circuit and Family Court of Australia to file an application for property settlement more than five years after the end of the parties' de facto relationship. The applicant required this leave pursuant to section 44(6) of the *Family Law Act 1975* (Cth).

The central legal issue before the Court was whether to grant the applicant leave to proceed with her property settlement claim out of time. This required the Court to consider whether the applicant had a reasonable basis for a valuable claim and whether she would suffer hardship if leave were not granted, balanced against any prejudice to the respondent if leave were granted.

Loughnan J found that the de facto relationship had lasted for over 20 years and that the applicant's contributions to the relationship were greater than the respondent's. The Court was satisfied that the applicant had a reasonable basis for a valuable claim and that she would face hardship if leave were not granted, particularly given that the significant delay in filing was partly attributable to her substantial mental health issues. The Court concluded that the prejudice the applicant would suffer if leave were refused would be greater than any prejudice to the respondent if leave were granted, and that granting leave was warranted to achieve justice between the parties. Accordingly, the Court granted the application for leave.