Freer and Freer and Ors (No. 2)

In *Freer and Freer and Ors (No. 2)*, Strickland J of the Family Court of Australia considered an application by the husband concerning proceedings that had been initiated by the wife. The specific dispute involved the husband seeking leave to file an amended application and affidavit out of time, and the court also addressed costs orders.

The primary legal issue before the court was whether to grant the husband leave to file his Amended Application in a Case and his supporting affidavit, which were lodged after the prescribed time limits. A secondary issue concerned the appropriate costs orders to be made in light of the husband's application and the court's decision.

Strickland J granted the husband leave to file his amended application and affidavit *nunc pro tunc*, meaning the documents would be treated as if they had been filed on the date they were originally intended. This suggests the court found sufficient reason to permit the late filing, despite the procedural irregularity. In relation to costs, the court ordered the husband to pay costs thrown away to the wife's solicitors and to the Trustee, Mr. Smith, in specified amounts and within a 28-day timeframe.