Moylan and Murchison

In *Moylan and Murchison*, heard by Judge Harper, the applicant sought leave to institute proceedings under section 44(3) of the *Family Law Act 1975* (Cth). The respondent opposed the application. The core of the dispute concerned whether the applicant had satisfied the requirements of section 44(3) to bring proceedings outside the prescribed time limits.

The primary legal issue before the Court was whether the applicant had demonstrated that she would suffer "hardship" if the proceedings were not permitted to be instituted. This required the Court to consider the nature of hardship as contemplated by the *Family Law Act* and to assess the evidence presented by the applicant in support of her claim.

Judge Harper dismissed the application for leave to institute proceedings. The Court found that the applicant had not established the requisite degree of hardship necessary to justify an extension of time under section 44(3). Consequently, the Initiating Application filed by the applicant was also dismissed. The Court indicated that any application for costs would need to be made within 28 days, with the possibility of written submissions or oral hearing.