YANG & PHAN

In the matter of *Yang & Phan*, Judge Carter of the Federal Circuit Court of Australia considered an application by the Wife for property settlement following a divorce in China in 2014. The Husband had not participated in these proceedings. The Wife sought leave to proceed on an undefended basis, given the passage of time since the divorce and the presence of Australian property.

The primary legal issues before the Court were whether the Wife was out of time to institute property proceedings, and if so, whether leave should be granted to proceed on an undefended basis. The Court also had to determine the just and equitable division of the parties' property, which included real estate in Victoria, Australia, and alleged property in China.

Judge Carter granted the Wife leave to proceed on an undefended basis, noting that a divorce obtained in China did not necessitate consideration for leave to proceed out of time. The Court reasoned that granting leave was in the interests of justice to bring the proceedings to an end. While the Wife presented evidence of Australian property, there was a lack of persuasive evidence and sworn valuations regarding property allegedly owned by the Husband in China, leading the Court to make no orders concerning that property.

Consequently, the Court made orders for the sale of two properties located in Victoria, Australia, with the Wife to have conduct of the sales. The net proceeds were to be disbursed after payment of sale expenses and any mortgagee amounts, with the balance to be retained by the Wife. The Wife was granted sole occupation of one property and the right to apply rental income from the other, pending sale, and was responsible for ongoing payments and insurance. The Husband was ordered to pay a sum of $2,108 to the Wife. The Court also appointed a Registrar to execute documents on behalf of a party failing to do so, and stipulated a timeframe for the Husband to apply to vary or set aside the orders made in his absence.