Stedman and Stedman (No 2)

In *Stedman and Stedman (No 2)*, Hannam J of the Family Court of Australia considered an application by the husband for leave to institute property settlement proceedings out of time. The wife had sought to have the husband's application dismissed on the grounds that it was filed after the expiry of the statutory limitation period.

The primary legal issue before the court was whether the husband should be granted leave to commence property settlement proceedings notwithstanding that the application was made after the expiration of the time limit prescribed by section 44(3) of the *Family Law Act 1975* (Cth). This required the court to consider the relevant factors and principles governing the exercise of its discretion under that section.

Hannam J granted the husband leave to institute proceedings out of time. The decision indicates that the court applied the principles established in case law concerning applications for leave under section 44(3), which typically involve a balancing of the applicant's reasons for the delay against any prejudice to the respondent. The specific reasons for granting leave are not detailed in the provided text, but the outcome demonstrates a favourable exercise of discretion in favour of the husband.