MULLIS & QUIMBY

In this matter before Judge Morley, the applicant, the de facto husband, sought leave to commence proceedings for property settlement under section 90SM of the *Family Law Act 1975* (Cth) after the expiry of the standard time limit. The central dispute concerned the date of commencement of the parties' de facto relationship, which impacted the calculation of the application period.

The primary legal issue before the court was whether to grant the applicant leave to proceed out of time. This required the court to consider the provisions of section 44(6) of the Act, which mandates a balancing exercise between the hardship that would be occasioned to the applicant if leave were refused and the prejudice that would be suffered by the respondent if leave were granted.

Judge Morley granted the application, finding that the hardship to the applicant outweighed the prejudice to the respondent. The court extended the time for the applicant to apply for property settlement orders to 14 May 2015, the date on which the applicant filed his Amended Initiating Application.