Riordan & Riordan

The case of Riordan & Riordan involved a dispute between the husband and wife over property and spousal maintenance. The wife sought leave to institute proceedings out of time under section 44(3) of the Family Law Act 1975, following a considerable delay in making the application. The wife argued that there was a prima facie case for property orders and that the delay should be excused due to hardship.

The court was required to decide whether the wife's application for leave to institute proceedings out of time should be granted, considering the considerable delay and the presence of hardship. The court also needed to determine whether the wife had established a prima facie case for property orders.

In granting the application for leave, the court found that the wife had demonstrated considerable delay in making the application and that there was hardship to excuse the delay. The court also found that the wife had established a prima facie case for property orders. The court noted that the wife had made a late application for property orders, but that the delay was due to her being unaware of the existence of the properties and the husband's income and business. The court also found that the wife had demonstrated hardship, in that she had been financially dependent on the husband during the marriage and had been unable to make the application for property orders earlier due to her limited financial resources.

The court made orders granting the wife leave to institute property and spousal maintenance proceedings out of time, restraining the husband from encumbering, selling or disposing of the properties and business, and requiring the parties to attend a conciliation conference and file and serve any affidavits on which they seek to rely before the final hearing.