FLC v AJO

In the case of FLC v AJO, the applicant sought leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974 (Qld) following the cessation of a de facto relationship. The dispute centred around the timing of the application and whether the applicant would suffer hardship if the leave to apply was denied. The Queensland Supreme Court was tasked with determining whether the proceedings were initiated within the stipulated two-year period from the end of the relationship, and if the discretion to grant leave should be exercised in the applicant's favour.

The central legal issue before the court was whether the applicant's application for leave to apply for a property adjustment was time-barred by section 288 of the Property Law Act 1974 (Qld), which mandates that such applications be made within two years of the relationship's termination. Additionally, the court had to assess whether the applicant would face significant hardship if leave to apply was not granted, which could influence the exercise of the court's discretion in favour of the applicant.

The court determined that while the application had indeed been made outside the two-year window, the applicant's potential hardship warranted the exercise of the court's discretion to grant leave. The court reasoned that despite the delay, the applicant's circumstances justified an exception to the usual statutory time limit. Consequently, the court granted the applicant leave to apply for a property adjustment order, recognising the hardship that would result from a denial of such leave. The court scheduled further directions to be discussed, including the listing of the matter for a hearing.

In conclusion, the court granted leave to the applicant to apply for a property adjustment order, notwithstanding the delay in filing the application, based on the applicant's demonstrated hardship. The matter will proceed with further directions to be determined, ensuring that the application is appropriately managed and heard.