Selmore v Bull

The case of *Selmore v Bull* concerned an application for property adjustment under the *Property (Relationships) Act 1984* (NSW) following the breakdown of a de facto relationship. The dispute arose after the separation of the parties, where one party, Ms Bull, continued to reside in the former matrimonial home rent-free. Subsequently, Ms Bull was asked to vacate the property, and she deferred initiating proceedings for a property adjustment. The appeal was heard by Mason P, Tobias JA, and Brownie AJA.

The primary legal issues before the court were whether the trial judge erred in exercising their statutory discretion under section 20 of the *Property (Relationships) Act 1984* to adjust the property interests of the parties, and whether the trial judge was correct in extending the time limit for instituting proceedings under section 18 of the Act, despite the delay. The court also considered the impact of forensic prejudice and hardship caused by the delay, as well as the appropriateness of an indemnity costs order and a late settlement offer.

The appellate court found that the trial judge had not erred in exercising the discretion under section 20, nor in extending the time for the proceedings, as the delay did not cause significant forensic prejudice to Mr Selmore and there were compelling reasons of hardship for the extension. However, the court did set aside the indemnity costs order made at first instance, finding it was not justified, and also commented on the late settlement offer. The appeal was dismissed in its entirety except for the costs order.