RK and SK (aka Kaleb and Kaleb)

The applicant, Mr Kaleb, sought leave from the Family Court of Australia to proceed with an application concerning the return of property. He had been litigating property issues with the respondent, Mrs Kaleb, for nine years, stemming from property orders made by Brown J in 1999. Mr Kaleb consistently argued that a marriage contract and property settlement had occurred in Iran, that Australian law was inapplicable, and that the court lacked jurisdiction.

The primary legal issue before Dessau J was whether to grant the applicant leave to proceed with his application for the return of property. This application was made pursuant to an order by Carter J in 2000, which restrained Mr Kaleb from instituting further proceedings without prior leave of the court. The applicant's current application sought the return of specific assets, including a former matrimonial home, gold, carpets, chattels, and reimbursement for a car, based on an alleged prior settlement in Iran.

Dessau J noted that the applicant's current application was substantially the same as a previous application made to Bennett J in May 2006, which was refused. Leave to appeal that decision was also refused by the Full Court and the High Court. The applicant attempted to distinguish his current application by suggesting it was for the setting aside of previous orders under section 79A of the *Family Law Act*, however, his supporting affidavit did not raise any relevant grounds under that section, nor did it present any new material distinguishing it from previous unsuccessful attempts to challenge the original property orders. Consequently, Dessau J dismissed the applicant's application for leave to proceed.