EMAMI & EMAMI

In the matter of *Emami & Emami*, Harper J of the Family Court of Australia considered an application by the husband for leave to institute property settlement proceedings out of time, pursuant to section 44 of the *Family Law Act 1975* (Cth). The wife sought an order for costs in her favour.

The primary legal issue before the Court was whether the husband should be granted leave to commence property settlement proceedings after the statutory time limit had expired. A secondary issue concerned the wife's entitlement to costs.

Harper J refused the husband's application for leave, noting the absence of evidence filed in accordance with previous Court orders. Consequently, the Court dismissed the husband's amended initiating application. The Court also ordered that the husband pay the wife's costs of the proceedings, to be agreed upon or assessed.