Morphett and Surnam

In *Morphett and Surnam*, Foster J of the Federal Circuit Court of Australia considered an application by the wife for leave to commence proceedings for property adjustment under section 79 of the *Family Law Act 1975* (Cth) outside the prescribed time limit. The husband had not filed a response to the wife's initiating application.

The primary legal issue before the court was whether the wife should be granted leave to proceed with her property adjustment claim out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). This required the court to consider the relevant factors for granting such an extension.

Foster J granted the wife leave to commence proceedings out of time. The court deemed the wife's application filed on 27 April 2018 as her Initiating Application. The husband was ordered to file and serve a Response, including particularised orders sought and a Financial Statement, within 14 days. The proceedings were subsequently listed before a Registrar.