Dentley and Jenith (No 2)

In *Dentley and Jenith (No 2)*, the applicant sought leave to commence proceedings out of time, and the parties presented a consent application for orders to resolve their financial relationship. The matter came before Macmillan J in the Family Court of Australia.

The primary legal issues before the court were whether to grant the applicant leave to commence proceedings out of time and, by consent, to make orders that would finally determine the financial relationship between the parties pursuant to section 81 of the *Family Law Act 1975* (Cth).

Macmillan J granted the applicant leave to commence proceedings out of time. By consent, the court ordered the respondent to pay the applicant $18,000 to discharge a loan for her motor vehicle and $7,800 to cover her current tax liability. The applicant was ordered to transfer her interest in a 4WD vehicle to the respondent at his expense, and the respondent was to close a business bank account and was entitled to any funds within it. Each party was to retain sole entitlement to other property in their possession, forego claims to each other's superannuation, and maintain their respective insurance policies. Each party was also to be solely liable for and indemnify the other against liabilities encumbering property they received under the orders.

The application for consent orders was otherwise dismissed, and the matter was removed from the list of pending cases. The parties acknowledged that the orders were intended to finally determine their financial relationship and avoid further proceedings.