SUTCLIFFE & SUTCLIFFE

In the matter of *Sutcliffe & Sutcliffe*, Judge Terry of the Federal Circuit Court of Australia considered an application by the applicant for property settlement following a divorce. The dispute concerned the division of assets between the parties.

The court was required to determine whether to grant the applicant leave to file the application out of time, more than 12 months after the divorce order took effect, pursuant to section 44(3) of the *Family Law Act 1975*. Additionally, the court had to determine the appropriate division of the funds held in a specific trust account and declare the ownership of other property in the possession or control of each party.

Judge Terry granted leave to the applicant to proceed with the application, acknowledging the delay. The court ordered that a specific sum of $51,801.00 from the Bridge Street Lawyers Trust Account be paid to the applicant, with the remaining balance to be paid to the respondent. Furthermore, the court declared that, subject to these orders, each party was the sole owner of all property in their possession, registered in their name, or under their control. To facilitate the implementation of these orders, the Registrar of the Newcastle Registry of the Federal Circuit Court of Australia was appointed to execute any necessary documents if either party refused or neglected to do so within 14 days of a written request.