MOON & WILLBANKS

In *Moon & Willbanks*, the applicant sought an extension of time to commence de facto property proceedings against the respondent. The matter came before Judge C.E. Kirton QC in the Family Court of Australia.

The central legal issue before the court was whether to grant the applicant leave to institute property proceedings out of time, pursuant to section 44(6) of the *Family Law Act 1975* (Cth). This required the court to consider whether there were adequate grounds to extend the time limit, specifically addressing the applicant's explanation for the delay and any prejudice that might be suffered by the respondent.

The court reasoned that the applicant had provided an adequate explanation for the delay in commencing proceedings. Furthermore, the court found that the respondent would not suffer undue prejudice as a result of the extension being granted. Applying these considerations, the court determined that it was appropriate to grant the applicant leave to proceed.

Consequently, the court ordered that the applicant be granted leave pursuant to s.44(6) of the *Family Law Act 1975* (Cth) to commence property proceedings against the respondent under s.90SM of the Act. The matter was then adjourned to the Federal Circuit Court of Australia for a mention on 5 September 2019.