NEWBROOK & GARLAND

In the matter of NEWBROOK & GARLAND, heard before Judge Lapthorn, the applicant sought leave to proceed with an application for property settlement orders under section 90SM of the *Family Law Act 1975* (Cth) notwithstanding the expiration of the standard application period. The dispute concerned the ability of the applicant to bring their claim outside the statutory time limits.

The central legal issue before the court was whether the applicant had satisfied the requirements of section 44(6) of the *Family Law Act 1975* (Cth) to be granted leave to commence proceedings out of time. This involved an assessment of whether it was in the interests of justice to grant such leave.

Judge Lapthorn granted the applicant leave to proceed with their application for orders under section 90SM. The court determined that the circumstances warranted the exercise of discretion under section 44(6), permitting the matter to be heard despite the expiry of the usual time limits for commencing such proceedings.