SPADE & SPADE

In the matter of *SPADE & SPADE*, heard by Judge McGuire, the husband sought leave to commence property proceedings out of time, while the wife sought the dismissal of her own application filed on 6 March 2014.

The central legal issue before the court was whether the husband should be granted leave to commence property proceedings pursuant to section 44(3) of the *Family Law Act 1975* (Cth), notwithstanding the expiry of the statutory time limit.

Judge McGuire granted the husband leave to commence property proceedings out of time. The court's reasoning, though not detailed in the provided text, would have involved an assessment of the factors relevant to granting such leave under section 44(3), which typically include the applicant's reasons for the delay, the merits of the proposed proceedings, and any prejudice to the other party. Consequently, the wife's application filed on 6 March 2014 was otherwise dismissed.