JACOBSON & WYNNE

In the matter of *Jacobson & Wynne*, heard before Judge Bender, the husband sought leave to commence property proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The application was filed more than eight years after the expiration of the standard application period, and the central dispute concerned whether the husband would suffer hardship if leave to proceed out of time were refused.

The court was required to determine whether the husband had established that he would suffer hardship if his application to proceed out of time was dismissed. This involved an assessment of the specific circumstances presented by the husband to demonstrate the potential hardship.

Judge Bender reasoned that the husband had not demonstrated sufficient hardship to warrant the granting of leave to file out of time. The court applied the principles governing applications under section 44(3) of the *Family Law Act 1975*, which require a compelling case of hardship to be made out. Having found that such hardship was not established, the court dismissed the husband's application.

Consequently, the Initiating Application filed by the husband on 18 May 2017 was dismissed, and the matter was removed from the pending cases list.