Zabel and Zabel

In the matter of *Zabel and Zabel*, heard by Judge McGuire, the applicant, Ms Zabel, sought a declaration that she was in a de facto relationship with Mr Zabel. The court was also asked to consider an application for property settlement.

The primary legal issue before the court was whether Ms Zabel could establish the existence of a de facto relationship with Mr Zabel. A secondary issue arose concerning the timing of Ms Zabel's application for property settlement, specifically whether she should be granted leave to bring such an application out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth).

The court dismissed Ms Zabel's application for a declaration of a de facto relationship. However, the court granted Ms Zabel leave to bring her application for property settlement under section 79 of the *Family Law Act 1975* out of time.