TAGGART & TAGGART

In the matter of Taggart & Taggart, Judge McGuire of the Federal Circuit Court considered an application by the applicant for leave to commence property settlement proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975*. The core of the dispute revolved around the applicant's request to proceed with property proceedings despite the statutory time limits having expired, necessitating the court's determination on whether to grant this leave.

The primary legal issue before the court was whether the applicant had demonstrated sufficient hardship to warrant the granting of leave to bring property proceedings out of time. This required the court to assess the reasons provided by the applicant for the delay in initiating the proceedings and to weigh these against any potential prejudice to the respondent. The court was tasked with applying the principles governing applications for leave under section 44(3) of the Act, which typically involve a consideration of fairness and the avoidance of injustice.

Judge McGuire granted leave to the applicant to bring the property settlement application out of time. The court's reasoning, though not detailed in the provided text, would have involved a favourable assessment of the applicant's grounds for delay and a finding that granting leave would not cause undue hardship to the respondent. The court then made a series of procedural orders, including directions for the filing and service of amended applications and responses, attendance at property mediation, the exchange of financial documents, and the joint obtaining of asset valuations where disputes existed. The matter was subsequently listed for further directions.