Quarto and Emmert (No.3)

In the matter of *Quarto and Emmert (No.3)*, heard by Judge Hartnett, the applicant sought leave to issue an application out of time. The precise nature of the underlying dispute between the parties, Quarto and Emmert, is not detailed in the provided text, but it is clear that the applicant required judicial permission to proceed with their application beyond the usual time limits prescribed by law.

The central legal issue before the court was whether to grant the applicant leave to file their application out of time, pursuant to section 44(6) of the *Family Law Act 1975* (Cth). This required the court to consider the circumstances justifying the delay and the merits of the application itself in determining whether to exercise its discretion.

Judge Hartnett granted the applicant leave to issue the application out of time. The court then adjourned the matter for a final hearing on 16 November 2018, directing that both parties file and serve any further affidavit material they intended to rely upon at least fourteen days prior to that hearing.