Handley and Tenneson & Ors

In *Handley and Tenneson & Ors*, the wife sought leave from the Federal Circuit and Family Court of Australia (Family Law Division) to commence property settlement proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The husband and other respondents also applied for the summary dismissal of the wife's application under rule 10.12 of the *Family Law Rules 2004* (Cth).

The primary legal issues before the Court were whether the wife had demonstrated "hardship" sufficient to warrant the granting of leave to institute proceedings out of time, and whether the wife's application should be summarily dismissed.

Loughnan J considered the factors relevant to determining whether to grant leave under section 44(3) and concluded that the wife had indeed proven hardship. Consequently, the Court granted the wife leave to institute proceedings and deemed her Initiating Application, filed on 30 July 2013, to have been filed pursuant to that leave. The application for summary dismissal by the second, third, and fourth respondents was dismissed.