Levy & Levy

[2023] FedCFamC2F 1456

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Levy & Levy [2023] FedCFamC2F 1456

File number(s):

PAC 1943 of 2023

Judgment of:

JUDGE NEWBRUN

Date of judgment:

16 November 2023 

Catchwords:

FAMILY LAW – property proceedings – threshold hearing – leave granted to husband to commence property proceedings out of time.

Legislation:

Family Law Act 1975 (Cth) ss 44(3), 79

Cases cited:

Hardwick & Hardwick (No 2) [2022] FedCFamC1A 216

Skelton & Lindop (2022) 64 Fam LR 617

Division:

Division 2 Family Law

Number of paragraphs:

62

Date of hearing:

3 November 2023

Place:

Parramatta

Counsel for the Applicant:

Mr J Shaw

Solicitor for the Applicant:

Hutchison Lawyers

Counsel for the Respondent:

Mr R D Turnbull

Solicitor for the Respondent:

Abbas Jacobs Lawyers

ORDERS

PAC 1943 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR LEVY

Applicant

AND:

MS LEVY

Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	16 NOVEMBER 2023

THE COURT ORDERS THAT:

1.Pursuant to s 44(3) of the Family Law Act 1975 (Cth) (“the Act”), leave is granted to the Applicant Husband to make an application for Orders under s 79 of the Act out of time.

2.The proceedings are adjourned to 19 February 2024 at 9.30 am for mention.

AND THE COURT NOTES THAT:

A.The Applicant Husband commenced proceedings on 20 April 2023. There is no need for him to file a fresh Initiating Application pursuant to the above Order granting leave.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE NEWBRUN:

INTRODUCTION

1. These reasons for judgment relate to the Applicant husband’s application, pursuant to s 44(3) of the Family Law Act 1975 (Cth) (“the Act”), seeking leave to commence property adjustment proceedings under s 79 of the Act out of time.

2. In these reasons, for ease of reference, the Applicant husband shall be referred to as the husband and the Respondent wife shall be referred to as the wife.

3. The husband was born in 1976, and is now aged 47 years.

4. The wife was born in 1984, and is now aged 39 years.

5. The parties had married in Country B in 2004.

6. The parties had two daughters, X now aged 17 years, and Y now aged 14 years.

7. Their…