Wiltshire and Ford

In *Wiltshire and Ford*, the applicant, Mr Wiltshire, sought to institute proceedings under section 44(3) of the *Family Law Act 1975* (Cth) and to remove a caveat lodged by the respondent over a property. The court was required to determine whether to grant the applicant leave to institute proceedings out of time and whether to order the removal of the caveat.

The central legal issues before the court were whether the applicant had established sufficient grounds to be granted leave to commence proceedings under section 44(3) of the *Family Law Act 1975* (Cth), which requires the court to be satisfied that there would be great hardship to a party or a child of the marriage if the application were not heard, and whether the caveat lodged by the respondent over the property should be removed.

Judge Middleton dismissed the applicant's initiating application and refused leave to institute proceedings pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The court ordered that the applicant take all necessary steps, at his sole cost, to remove the caveat lodged over the property. Furthermore, the applicant was restrained from bringing any future proceedings against the respondent pursuant to section 79 of the *Family Law Act 1975* (Cth).