DUNCAN & GREY

The proceedings involved an application by the husband (Applicant) for leave to apply for orders under section 90SM of the *Family Law Act 1975* (Cth) after the standard application period had expired. The dispute concerned the division of property and financial matters between the parties. The matter came before Macmillan J.

The court was required to determine whether to grant the Applicant leave to file his application out of time and to make orders by consent regarding the sale of a property, the distribution of its proceeds, and the division of other assets and liabilities. The court also needed to consider the parties' agreement that the orders were intended to finally determine their financial relationship.

The court granted the Applicant leave to apply for orders under section 90SM of the *Family Law Act 1975* (Cth) after the standard application period. By consent, the court made detailed orders for the sale of the parties' property, including provisions for its listing price, acceptance of offers, and the inclusion of farm equipment as part of the sale. The orders also stipulated that the Applicant would reside in the property pending its sale and would be responsible for its outgoings. Further orders addressed a payment to be made by the Applicant to the Respondent's solicitor, the collection of specific items by the Respondent, and the appointment of the Registrar to execute documents if necessary. The court also made orders severing joint tenancies and clarifying each party's entitlement to property in their possession, as well as their respective liabilities.

All extant applications were dismissed, and the matter was removed from the list of cases awaiting hearing. The court noted the parties' agreement that the orders were made with a view to finally determining their financial relationship and avoiding further proceedings.