NOVA & NOVA

In the matter of NOVA & NOVA, heard before Rees J, the applicant sought an extension of time to file an application to review orders made by Registrar Chayna on 6 October 2011, and also sought to set aside those property settlement orders.

The primary legal issues before the court were whether the applicant had established sufficient grounds to warrant an extension of time for the review application, and if so, whether the property settlement orders made by the Registrar should be set aside.

Rees J considered the principles governing extensions of time in family law proceedings, which typically involve assessing the applicant's reasons for the delay, the merits of the proposed review, and the potential prejudice to the respondent. The court also considered the criteria for setting aside final orders, which generally requires demonstrating a material error of law or fact, fraud, duress, or other exceptional circumstances.

The court ordered that the time for filing the application to review the Orders made by Registrar Chayna on 6 October 2011 be extended to 3 November 2011, and that the Orders for property settlement made on 6 October 2011 be set aside.