Massalski and Riley

In the matter of *Massalski and Riley*, heard before McClelland J, the applicant sought and was granted leave to apply out of time pursuant to section 44(6) of the *Family Law Act 1975* (Cth). The court was required to determine various issues concerning the parties' property, including the dismissal of certain proposed orders, the restraint of the respondent from dealing with specific properties, and the expeditious completion of a property subdivision and associated dealings. The court also addressed the registration of new titles, the discharge and re-mortgaging of a property, and the holding of title deeds.

The court's reasoning involved a detailed consideration of the parties' financial circumstances and property interests, leading to a series of orders designed to preserve assets and facilitate their division. Key legal principles applied included the court's power to make interim and final orders concerning property, the appointment of a registrar to execute documents in default, and the management of rental income and property expenses. The court also ordered disclosure of financial information relevant to the proceedings.

The court ordered that the respondent be restrained from selling, transferring, or encumbering certain properties without providing the applicant with fourteen days' written notice. It further ordered the parties to complete the registration of a plan of subdivision for the F Street property, with specific directions for the applicant to execute necessary documents. Following registration, the parties were to arrange for the discharge of an existing mortgage and secure a new mortgage over one of the subdivided lots, with both lots to be registered in their joint names as tenants in common. The court also made orders regarding the exclusive occupation of one lot by the applicant, the payment of associated expenses, and the leasing and management of the other lot, including the establishment of a joint bank account for rental income. Finally, the court ordered the completion of subdivision for other properties and directed the respondent to provide specific financial disclosures.