HACKNEY & LEADINGHAM

In the matter of *Hackney & Leadingham*, heard by Judge Demack, the applicant, Ms Hackney, sought leave to commence property proceedings against the respondent, Mr Leadingham, under section 44(6) of the *Family Law Act 1975* (Cth). The dispute concerned the division of property and liabilities following the breakdown of the parties' de facto relationship.

The court was required to determine whether to grant leave for the property proceedings to be commenced out of time, and, if so, to make orders regarding the division of specific assets and liabilities. These included the shortfall from the sale of a unit, a superannuation interest, and other property and financial resources.

Judge Demack granted the applicant leave to commence property proceedings. The court ordered that Ms Hackney be allocated a specific amount of the mortgage insurance shortfall, with Mr Leadingham to be solely responsible for the balance and to indemnify Ms Hackney for those amounts. In relation to Mr Leadingham's superannuation interest in the E Super Fund, the court ordered that a base amount of $76,000 be allocated to Ms Hackney, with provisions for its payment and transfer. Other property and financial resources were to vest in the party in possession or control, with each party to be solely liable for and indemnify the other against any associated liabilities.

The court further ordered that Mr Leadingham pay Ms Hackney's costs of and incidental to the application in the sum of $12,000 within six months. All other outstanding applications were dismissed.