Lappin and Alwood

In the matter of *Lappin and Alwood*, heard by Young J, the husband sought leave to institute proceedings out of time for an alteration of interests in property pursuant to s 44(3) of the *Family Law Act 1975* (Cth). The wife opposed this application.

The primary legal issue before the court was whether to grant the husband leave to commence property adjustment proceedings after the statutory time limit had expired. A secondary issue concerned the terms and conditions upon which such leave, if granted, should be made, particularly in relation to the wife's legal costs.

Young J granted the husband leave to institute proceedings out of time, subject to the condition that the husband first pay the wife's reasonable legal costs and disbursements incurred in Supreme Court proceedings for the period from 1 May 2008 until the date of the order. These costs were to be either agreed or assessed. The court dismissed other aspects of the husband's initiating application and adjourned the remaining extant interim and final orders to a later date. The costs of the interim application were reserved.