Harnell and Harnell

In the matter of *Harnell and Harnell*, heard by Cronin J, the wife sought leave to proceed with an application for the alteration of property interests, which had been filed on 20 August 2008. The husband was the respondent to this application.

The primary legal issue before the court was whether the wife should be granted leave to proceed with her property settlement application, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). This section typically requires applications for property settlement to be filed within 12 months of a divorce order becoming final, or within such time as the court permits.

The court granted the wife leave to proceed with her application. The orders made thereafter were by consent of the parties, indicating an agreement on the procedural steps to be taken. These included the parties attending a conciliation conference, the husband filing an amended response, and both parties obtaining and exchanging market appraisals of certain real property. Furthermore, the husband was ordered to provide discovery of documents relating to his superannuation entitlements and the purchase and sale of real property since 1981.