SALAZAR & SALAZAR

In *Salazar & Salazar*, the parties sought to resolve their property settlement. The applicant sought leave to commence property settlement proceedings out of time, approximately eight months after the expiry of the statutory time limit. The respondent opposed this application. The matter came before Judge Kari in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether to grant the applicant leave to commence property settlement proceedings out of time. This required the court to consider the relevant provisions of the *Family Law Act 1975* (Cth) and the principles governing the exercise of discretion in such matters, including the applicant's reasons for the delay and the potential prejudice to the respondent.

Judge Kari dismissed the application for leave to commence proceedings out of time. The court found that the applicant had not provided sufficient grounds to justify the significant delay in filing the application. The court applied the principles that require a party seeking an extension of time to demonstrate a compelling reason for the delay and that the court must balance the interests of both parties. In this instance, the court concluded that the applicant had failed to meet the threshold for granting an extension, leading to the dismissal of the initiating application and the respondent's response.