Vega and Riggs (No 2)

In *Vega and Riggs (No 2)*, Watts J of the Federal Circuit Court of Australia considered an application by the husband for leave to institute proceedings for an order under s 79 of the *Family Law Act 1975* (Cth). The dispute concerned property settlement between the parties.

The primary legal issue before the court was whether to grant the husband leave to commence property adjustment proceedings, which requires satisfying the conditions stipulated in s 44(3) of the Act. This involves demonstrating that hardship would be occasioned to a party or their child if the proceedings were not permitted to continue.

Watts J granted the husband leave to institute proceedings under s 79 of the Act. The court then listed the matter for further directions to address several procedural matters, including whether either party sought the judge's recusal, expedition of the final hearing, dispensation of a conciliation conference, and the identification of any further required evidence.