Keith and Soukis

The Full Court of the Family Court of Australia, comprising Bryant CJ, Finn and Boland JJ, considered an application by the husband for leave to appeal and an appeal against orders made by Deputy Chief Justice Faulks on 30 January 2006. The precise nature of the dispute between the husband and wife is not detailed in the provided text, but it concerned property settlement proceedings under the *Family Law Act 1975* (Cth).

The central legal issue before the Full Court was whether the husband should be granted leave to institute proceedings for settlement of property out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). This required the Court to determine if it was just and equitable to grant such leave, considering the circumstances that led to the application being made after the usual time limits.

The Full Court allowed the husband's appeal, setting aside the orders of Deputy Chief Justice Faulks. The Court granted the husband leave to institute proceedings for settlement of property within 14 days of the order, and to serve those proceedings along with the Court's reasons and orders on the wife without delay. Furthermore, the Court issued a costs certificate to the husband, certifying that it would be appropriate for the Attorney-General to authorise a payment under the *Federal Proceedings (Costs) Act 1981* (Cth) in respect of the husband's appeal costs.