QUATTRO & GASPAR

Case

[2018] FCCA 3405

30 November 2018


Details
AGLC Case Decision Date
QUATTRO & GASPAR [2018] FCCA 3405 [2018] FCCA 3405 30 November 2018

CaseChat Overview and Summary

In the matter of *Quattro & Gaspar*, heard before Judge Obradovic, the applicant sought leave pursuant to section 44(6) of the *Family Law Act 1975* to commence property settlement proceedings out of time. The application was made approximately two years after the expiry of the usual time limit for commencing such proceedings, following the breakdown of a de facto relationship.

The central legal issue before the court was whether to grant the applicant leave to proceed with her property settlement claim notwithstanding the significant delay. This required the court to consider the factors relevant to an application for leave under section 44(6), particularly the concept of hardship.

Judge Obradovic granted the applicant leave to commence proceedings out of time. While the specific reasoning is not detailed in the provided text, the decision indicates that the court found sufficient grounds, likely related to hardship, to permit the application to proceed despite the two-year delay. The court then made orders for the matter to be listed for directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Slocomb & Hedgewood [2015] FamCAFC 219