SAMPSON & IREDALE

In *Sampson & Iredale*, the Family Court of Australia considered an application for consent orders concerning property settlement and spousal maintenance. The applicant sought leave to file the application more than two years after the parties' separation, which was granted by the court. The core of the dispute, as reflected in the consent orders, involved the division of assets and liabilities between the parties.

The legal issues before the court were whether to grant the applicant leave to file the application out of time and, by consent, to approve the proposed property settlement. The court was required to determine the terms of the final financial relationship between the parties, including the payment of a sum of money, the withdrawal of a caveat, and the division of other property and superannuation interests.

The court's reasoning was primarily based on the consent of the parties. By granting leave under section 44(6) of the *Family Law Act 1975*, the court acknowledged the applicant's request to proceed with the application despite the time lapse since separation. The consent orders themselves reflected an agreement between the parties to finally determine their financial relationships, with the applicant to pay the respondent $95,000 less an amount for a school trip, and the respondent to withdraw a caveat on a property. The orders also stipulated that each party would retain their own property, forego claims to each other's superannuation, and be solely liable for their respective debts. The court noted the parties' intention to avoid further proceedings and acknowledged specific payments related to a child's school trip.