Richardson & Richardson

This matter concerned an application by the wife for leave to commence property and spousal maintenance proceedings out of time. The parties married in 1966 and separated in July 1978, with four children of the marriage. Following separation, the parties engaged in various court proceedings, including in Courts of Petty Sessions and the Family Court of Australia. Interim orders were made regarding child and spousal maintenance, and the husband was ordered to vacate the matrimonial home and restrained from interfering with the wife's occupation of it. These orders were made pursuant to section 114 of the *Family Law Act*.

The primary legal issue before the Court was whether to grant the wife leave to commence property and spousal maintenance proceedings out of time. This required the Court to consider the relevant provisions of the *Family Law Act* and the principles governing the exercise of discretion to permit out-of-time applications, particularly in light of the significant delay since separation and the previous court orders.

Mullane J considered the wife's application for leave to proceed out of time. The Court noted the extensive history of proceedings between the parties since their separation in 1978. The wife sought to commence property and spousal maintenance proceedings, which were significantly out of time. The Court's decision would hinge on whether the circumstances warranted the exercise of its discretion to permit these late applications, balancing the wife's need for resolution against the potential prejudice to the husband and the public interest in finality.

The Court granted the wife leave to commence property and spousal maintenance proceedings out of time. The wife's application was to be listed for hearing on a date to be fixed by the list clerk after 7 May 1999.