SAM v IDP

The proceedings in the case of SAM v IDP involved a de facto couple who had ceased their relationship. SAM, the applicant, sought leave to apply for a property adjustment order under Part 19 of the Property Law Act 1974 (Qld) and requested the appointment of trustees for sale under s 38 of the same Act. The legal dispute centred around the applicant’s delay in making the application for a property adjustment order, which was more than two years after the relationship ended, and the applicant’s inability to continue meeting mortgage repayments on the jointly owned property.

The central legal issue before the court was whether SAM would suffer hardship if leave to apply for a property adjustment order was denied. Given that the application was filed outside the two-year period, the court had to consider if the delay could be sufficiently explained and whether exceptional circumstances justified granting leave under s 288(1)(b) of the Act. Additionally, the court had to decide whether the application for property adjustment should be adjourned due to the respondent’s concurrent application for leave to apply for a property adjustment order.

The court granted SAM leave to apply for a property adjustment order, finding that the applicant had provided a satisfactory explanation for the delay. The court recognised that the applicant's financial situation constituted hardship, which warranted the granting of leave. Furthermore, the court decided to adjourn the application for property adjustment to a later date to allow for further consideration. The costs associated with the application for leave to apply for a property adjustment order were ordered to be paid by SAM. In relation to the application for appointment of trustees for sale, the court also decided to adjourn it to a future date. The costs of this application were reserved.

The court’s final orders included granting SAM leave to apply for a property adjustment order despite the delay, adjourning the application for property adjustment, and directing that SAM pay the respondent's costs for the application for leave. The application for appointment of trustees for sale was similarly adjourned, with costs reserved.