HUBERT & STROUD

In the matter of *Hubert & Stroud*, heard before Judge Morley, the applicant sought a declaration that a de facto relationship existed between the parties and leave to file an application for property settlement out of time. The central dispute concerned the precise date on which the de facto relationship had ended, with the applicant's evidence suggesting an earlier termination date than that presented by the respondent.

The court was required to determine two primary legal issues: first, the date on which the de facto relationship between the applicant and respondent commenced and ended for the purposes of the proceedings; and second, whether to grant the applicant leave to file an application for property orders under section 90SM of the *Family Law Act 1975* (Cth) outside the standard time limit.

Judge Morley declared that a de facto relationship existed between the applicant and respondent from no later than 1 June 2009 until 2 February 2016. The court further ordered that leave be granted to the applicant to apply for orders under section 90SM of the *Family Law Act 1975* (Cth) after the expiry of the standard application period, extending the time for filing the application to 29 March 2018, which was the date the applicant's initiating application was filed.