Mynatt and Siddall and Anor (No 2)

In *Mynatt and Siddall and Anor (No 2)*, Watts J of the Family Court of Australia considered an application for leave to apply for a property settlement order. The applicant wife, represented by a Case Guardian, sought this leave under section 44(6) of the *Family Law Act 1975* (Cth).

The central legal issue before the Court was whether to grant the Case Guardian leave to commence proceedings for a property settlement order on behalf of the applicant wife, pursuant to section 90SM of the Act. This section typically requires such applications to be made within a specified time frame after the dissolution of a marriage, and the Court's power to grant leave under section 44(6) is a discretionary one.

Watts J granted the application, exercising the discretion conferred by section 44(6) of the Act. While the specific reasons for granting leave are not detailed in the provided text, the decision indicates that the Court was satisfied that the necessary conditions for granting such leave were met. The order made reflects the Court's determination that it was appropriate to permit the wife, through her Case Guardian, to pursue a property settlement.