Marben and Marben

In the matter of *Marben and Marben*, heard by Cohen J, the wife sought leave to commence property adjustment proceedings against the husband under s 79 of the *Family Law Act 1975* (Cth) more than one year after the parties' divorce. The central dispute concerned the wife's ability to bring these proceedings out of time.

The primary legal issue before the Court was whether the wife had established sufficient grounds to be granted leave to commence proceedings pursuant to s 44(3) of the *Family Law Act 1975* (Cth) after the expiry of the usual one-year time limit following the grant of a divorce order.

Cohen J granted the wife leave to commence proceedings under s 79 of the Act, acknowledging that the application was made outside the statutory time limit. The Court's reasoning, though not detailed in the provided text, led to the conclusion that the wife met the criteria for an extension of time under s 44(3).

Consequently, the Court ordered that the wife be granted leave to commence proceedings, with the condition that she must file her application for final property orders within one month from the date of the Court's orders. Costs were reserved.