Galvin v Semkiw

In the case of Galvin v Semkiw, the dispute centred on the application by the defendant, Semkiw, to extend the time limit for making a family provision application under Part IV of the Administration of Probate Act 1958 (Vic). Semkiw sought to make a family provision application five months after the statutory time limit had expired. The application was contested by the plaintiff, Galvin, who argued that the delay was unreasonable and unjustifiable under section 99 of the Administration of Probate Act 1958 (Vic). The court was required to determine whether the delay in making the application was justified and, if so, whether an extension of time should be granted.

The court considered several factors in deciding whether to grant the extension, including the length of the delay, the reason for the delay, and whether the delay had caused any prejudice to the plaintiff. The court noted that the delay was significant but found that it was partially justified by the existence of a property settlement agreement made pursuant to section 87 of the Family Law Act 1975 (Cth). The court held that the agreement provided a reasonable explanation for the delay and that the delay had not caused any significant prejudice to the plaintiff.

Following the analysis of the factors, the court found that the delay was partially justified and granted the defendant's application for an extension of time. The court held that the delay was reasonable in the circumstances and that it was in the interests of justice to grant the extension. The court also noted that the existence of the property settlement agreement was a relevant factor in its decision. The court's decision provides guidance on the factors that may be taken into account when considering an application for an extension of time under section 99 of the Administration of Probate Act 1958 (Vic).

The court ordered that the defendant's application for an extension of time be granted and that the time limit for making a family provision application under Part IV of the Administration of Probate Act 1958 (Vic) be extended by five months. The court also ordered that the defendant bear the costs of the application. The decision provides clarity on the application of section 99 of the Administration of Probate Act 1958 (Vic) and the factors that may be taken into account when considering an application for an extension of time.