GAMMA & SERRITELLA

In the matter of *Gamma & Serritella*, heard before Rees J, the wife sought leave to institute proceedings for property settlement out of time. The husband was also subject to interim injunctive relief, restraining him from dealing with certain assets, including a property, his company interests, and his beneficial interest in a family trust.

The primary legal issue before the court was whether to grant the wife leave to commence property settlement proceedings after the statutory time limit had expired. A secondary issue concerned the appropriateness of continuing the interim injunctive orders against the husband pending further determination of the substantive property settlement claims.

Rees J granted the wife leave to institute proceedings out of time, indicating that the court was satisfied that the necessary conditions for such an extension had been met. The court also continued the interim injunctive orders against the husband, thereby preserving the status quo of the identified assets. These orders were made pending further proceedings and the husband was granted liberty to apply to vary or set aside the injunctive relief upon giving 21 days' notice.

The matter was subsequently referred to the Registrar for listing for directions, signifying the next procedural step in the progression of the property settlement proceedings.