Robe and Milling

In the matter of *Robe and Milling*, heard by Judge Cole, the applicant sought leave to proceed out of time under section 44(6) of the *Family Law Act 1975* and a declaration that the parties were in a de facto relationship. The dispute concerned the division of property following the termination of this relationship.

The court was required to determine whether to grant the applicant leave to commence proceedings out of time, and if so, whether the parties had indeed been in a de facto relationship between April and June 2009. Further, the court needed to make orders regarding the division of property and the finalisation of the proceedings.

Judge Cole granted the applicant leave to proceed out of time and declared that the parties were in a de facto relationship from April to June 2009. The court ordered the respondent to pay the applicant a sum of $112,494.74 within sixty days. Upon this payment, any interest the applicant had in property held by the respondent would vest in the respondent, and any interest the respondent had in property held by the applicant would vest absolutely in the applicant. The proceedings were otherwise dismissed, with liberty to apply as to consequential orders.