ROYCE & ROYCE

In the matter of *Royce & Royce*, heard before Judge Brewster of the Family Court of Australia, the applicant sought leave to institute proceedings for the alteration of property interests under section 79 of the *Family Law Act 1975* (Cth). The dispute concerned the division of assets between the parties.

The primary legal issue before the Court was whether to grant the applicant leave to commence property adjustment proceedings, given the timing of her application. The Court was required to consider the provisions of section 44(3) of the *Family Law Act 1975* (Cth), which governs the time limits for instituting such proceedings.

Judge Brewster granted the applicant leave to institute proceedings under section 79 of the *Family Law Act 1975* (Cth), accepting her application filed on 17 October 2014 as sufficient. The Court then made directions for the parties to attend a conciliation conference, with further directions for filing updated financial statements and affidavits detailing any changes in financial or material circumstances. Specific directions were also given regarding the valuation of a property known as Property T, requiring the respondent to cooperate with the applicant in obtaining a valuation or market appraisal if the value remained in dispute.