Yeti and Heffernan & Anor

In *Yeti and Heffernan & Anor*, the parties sought the Court's determination regarding de facto property settlement proceedings and an extension of time to bring fresh proceedings. The central dispute concerned the Court's jurisdiction to hear the matter, particularly in light of a recent proclamation giving effect to its jurisdiction, and whether to grant an extension of time for the parties to initiate new proceedings to resolve any jurisdictional ambiguity.

The legal issues before the Court were twofold: firstly, whether it possessed the necessary jurisdiction to hear the de facto property settlement proceedings, given the timing of the relevant proclamation; and secondly, whether it should grant an extension of time for the parties to commence fresh proceedings, considering the potential hardship to both parties if such an extension were not granted. The Court was also required to consider whether the proposed consent orders for property settlement were just and equitable.

Justice Dawe reasoned that granting an extension of time was appropriate to resolve any ambiguity regarding the Court's jurisdiction and to avoid significant hardship to both parties. The Court found that the proposed consent orders for property settlement were just and equitable. Consequently, the Court made orders in terms of the minutes of order presented, which included the finalisation of the property settlement proceedings, and removed all matters from the active pending list, directing the Wife's solicitors to engross the minutes for sealing within seven days.