NAIRN & PAISLEY

In the matter of NAIRN & PAISLEY, the applicant sought leave to proceed out of time with an application under section 44(3) of the *Family Law Act 1975* (Cth). The respondent opposed this application.

The central legal issue before the Court was whether the applicant had demonstrated a reasonable prospect of success in her underlying claim, such that leave to proceed out of time should be granted. The applicant also sought an adjournment to provide further evidence to support her claim, despite having had prior opportunities to do so.

Judge McNab found that the applicant had not placed sufficient information before the Court to establish a reasonable prospect of success. Consequently, the Court determined that an adjournment for the purpose of adducing further evidence was not warranted, particularly given the applicant's prior opportunities to present such material. The Court applied the principles governing applications for leave to proceed out of time, focusing on the need for a demonstrable prospect of success.

The Court ordered that the Amended Initiating Application filed on 27 July 2018 be dismissed.