Gardam and Smedley

In *Gardam and Smedley*, heard by Macmillan J, the applicant sought leave to commence proceedings out of time concerning financial matters arising from the parties' relationship. The core of the dispute involved the division of property, specifically a property located in Queensland, and the resolution of financial liabilities associated with it.

The court was required to determine whether to grant the applicant leave to initiate proceedings beyond the statutory time limits. Furthermore, the court had to consider and make orders regarding the transfer of the Queensland property, the discharge of associated encumbrances, and the respective liabilities of the parties for mortgage payments, rates, taxes, and other outgoings. The court also needed to address the broader financial relationship between the parties, including the division of other property, superannuation entitlements, insurance policies, and liabilities.

Macmillan J applied the principles governing the granting of leave to commence proceedings out of time under the *Family Law Act 1975* (Cth), considering the applicant's acknowledgment of receiving a sum of $45,880. The court's reasoning led to orders that, upon the applicant transferring her interest in the Queensland property to the respondent at her own expense, the respondent would discharge the mortgage and any other encumbrances. The respondent was also ordered to indemnify the applicant against all payments and liabilities related to the mortgage and property outgoings, both pending the transfer and thereafter. The court further made orders for the division of other property, superannuation, and liabilities, severing any joint tenancies and ensuring each party was solely entitled to their respective assets and liable for their respective debts. These orders were intended to finally determine the financial relationship between the parties.