NELL & KOHLER

In the matter of NELL & KOHLER, the applicant sought an extension of time to file property proceedings under section 79 of the *Family Law Act 1975* (Cth). The dispute concerned the applicant's ability to institute these proceedings out of time, with the applicant asserting that hardship would be suffered if leave was not granted.

The central legal issue before Judge C.E. Kirton QC was whether to grant the applicant leave to commence property proceedings under section 79 of the Act, notwithstanding the expiry of the statutory time limit. This required the court to consider the applicant's explanation for the delay and whether the respondent would suffer prejudice if the proceedings were permitted to continue.

The court determined that an adequate explanation for the delay had been provided and that the respondent would not suffer prejudice. Applying the principles governing extensions of time in family law proceedings, the court found that it was appropriate to grant the applicant leave to institute the property proceedings. Consequently, the applicant was granted leave pursuant to section 44(3) of the *Family Law Act 1975* (Cth) to commence property proceedings against the respondent under section 79 of the Act. The costs of the applications were reserved, and the matter was adjourned for mention in the Federal Circuit Court of Australia.