LAGIOIA & RAPINO

In the matter of *Lagioia & Rapino*, Gill J of the Family Court of Australia considered an application by the Wife for leave to institute property proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The Husband also made an application seeking to restrain the Wife's solicitor from acting in the proceedings.

The primary legal issue before the Court was whether the Wife had established sufficient hardship to warrant the granting of leave to commence property proceedings after the statutory time limit had expired. A secondary issue concerned the costs of the Husband's application to restrain the Wife's solicitor, which he subsequently abandoned.

Gill J dismissed the Wife's application for leave to institute property proceedings out of time, finding that she had not established the requisite hardship. Regarding the costs of the abandoned application, the Court ordered the Husband to pay the Wife's legal costs, specifically the disbursement for counsel and two-thirds of her solicitor's fees.