VARGAS & FALLON

In the matter of Vargas & Fallon, heard before Judge Burchardt, the applicant sought leave to file an application for property orders out of time, relying on hardship grounds under section 44(6)(a) of the *Family Law Act 1975* (Cth). The dispute centred on a binding agreement made in 2011, which stipulated that the respondent would be solely responsible for any debt associated with the B Street, Suburb C property, and that the applicant would not be liable for any debt to D Insurance or otherwise concerning that property. The respondent's itinerant nature and inability to be located were significant factors in the proceedings.

The court was required to determine whether to grant the applicant leave to proceed with her application for property orders under section 90SM of the Act after the expiry of the standard application period. Additionally, the court needed to make declarations regarding the existence of a de facto relationship between the parties and the allocation of responsibility for the debt related to the B Street property, specifically concerning D Insurance.

Judge Burchardt reasoned that the circumstances warranted granting the applicant leave to apply out of time due to hardship, as contemplated by section 44(6)(a). The court made declarations that a de facto relationship existed between the parties pursuant to section 90RD of the Act. Furthermore, the court affirmed the binding nature of the 2011 agreement, declaring that the respondent was solely responsible for any debt in relation to the B Street property and that the applicant was not responsible for any debt to D Insurance or otherwise.

Consequently, the court ordered that the applicant be granted leave to apply for orders under section 90SM after the standard application period. The respondent was ordered to be responsible for the entirety of the debt owed to D Insurance under the relevant loan agreement, amounting to $98,747.24, and was further ordered to indemnify the applicant from any liability for this debt. The applicant was also permitted to serve a copy of these orders on D Insurance and E Ltd.