Shukra and Shukra

In *Shukra and Shukra*, Brown J of the Federal Circuit Court of Australia considered an application by the husband for leave to issue property proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The wife opposed the application.

The central legal issue before the Court was whether the husband had established sufficient cause to be granted leave to commence property adjustment proceedings more than 12 months after the dissolution of the marriage. This required the Court to assess the merits of the husband's proposed claim and the reasons for the delay in its institution.

Brown J dismissed the husband's application, finding that he had not demonstrated sufficient cause to justify the grant of leave. The Court's reasoning, though not detailed in the provided text, would have involved an evaluation of the husband's explanation for the delay and the potential prejudice to the wife, weighed against the merits of any proposed property claim. The Court ordered that the reasons for judgment be transcribed and made available to the parties, and that the matter reasonably required the attendance of solicitors appearing as counsel.