Hertwig and Hertwig

In the matter of *Hertwig and Hertwig*, Hogan J considered an application by Mr Hertwig for leave to institute property settlement proceedings under section 79 of the *Family Law Act 1975* (Cth), pursuant to section 44(3) of the Act. The specific nature of the dispute between the parties, beyond the need for Mr Hertwig to seek leave to commence property settlement proceedings, is not detailed in the provided text.

The primary legal issue before the court was whether to grant Mr Hertwig the necessary leave to commence property settlement proceedings. This involved an assessment of the circumstances justifying the late filing of such an application, as contemplated by section 44(3) of the *Family Law Act 1975* (Cth). Additionally, the court addressed the procedural steps to be followed should either party seek an order for costs in relation to the proceedings.

Hogan J granted Mr Hertwig leave to institute property settlement proceedings, provided that the application was filed within 28 days of the date of the order. The court also established a detailed timetable for the filing and service of affidavits and written submissions if any party intended to seek costs, outlining specific timeframes for initial applications, responses, and replies, with any costs applications to be considered in Chambers.