Yacoub and Yacoub

In *Yacoub and Yacoub*, heard before Foster J, the applicant former husband sought leave to commence property adjustment proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The dispute concerned the division of property between the former husband and the respondent former wife.

The primary legal issue before the court was whether the former husband should be granted leave to institute property adjustment proceedings under section 79 of the Act, notwithstanding the expiry of the statutory time limit. This required the court to consider the relevant factors for granting such leave.

Foster J granted the former husband leave to commence proceedings, deeming his application filed on 24 June 2016 as his initiating application under section 79. The court also ordered the former wife to file and serve an Amended Response and a Financial Statement within 14 days, and directed that the proceedings be transferred to the Federal Circuit Court of Australia.