Wendy Grey Reid

The case of *Reid v Reid* concerned a dispute between Wendy Grey Reid and her former husband, Mr. Reid, regarding the division of their matrimonial assets. The matter came before the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Court had jurisdiction to make final property adjustment orders under the *Family Law Act 1975* (Cth) given that the parties had separated more than 12 months prior to the filing of the application and had not yet obtained a divorce. The Court was also required to consider the application of section 44(5) of the *Family Law Act*, which generally imposes a time limit for commencing property proceedings after the dissolution of a marriage.

In determining the jurisdictional question, the Court considered the interplay between section 44(5) and section 44(16) of the *Family Law Act*. Section 44(16) allows the Court to grant leave to commence proceedings outside the prescribed time limits if it is just and equitable to do so. His Honour Judge McDonagh found that the parties' separation occurring more than 12 months before the application was filed, and the absence of a divorce order, did not automatically preclude the Court from exercising jurisdiction. The Court determined that it had the power to grant leave under section 44(16) to proceed with the property adjustment application, provided it was satisfied that it was just and equitable to do so.

The Court granted leave to Wendy Grey Reid to commence proceedings for property adjustment out of time, thereby affirming its jurisdiction to hear and determine the substantive property dispute.