KENCH & KENCH

In *Kench & Kench*, the Applicant Wife sought leave from the Federal Circuit Court of Australia to commence property and spousal maintenance proceedings more than 12 months after the finalisation of divorce proceedings. The application for leave was filed approximately 14 months out of time.

The central legal issue before Judge Blake was whether the Applicant Wife would suffer hardship if leave to proceed out of time was refused, and consequently, whether the Court should exercise its discretion to grant such leave under section 44(3) of the *Family Law Act 1975* (Cth).

The Court found that the Applicant Wife had established that she would suffer hardship if leave were not granted. Applying the principles governing the exercise of discretion under section 44(3), Judge Blake determined that it was appropriate to grant the Applicant leave to proceed with her property and spousal maintenance applications out of time. The Court ordered that the Applicant be granted leave to proceed out of time and listed the matter for a mention.