17 August 2018
Property settlement - Application filed out of time
If I am filing an application for property settlement over the 12 month limitation period and I need to seek leave to proceed. Do I include this in the interim orders sought when I am filing the initiating application?
Also, will the explanation for delay need to be stated in the client's affidavit when I file the initiating application?
Will the other elements i.e. hardship to applicant, prima facie case, need to be addressed in the affidavit?
Thank you for the question.
We suggest you include the order for leave to proceed as both an interim and final order.
As to the wording:
That leave be granted to the Applicant under s 44(3) of the Family Law Act to institute proceedings against the Respondent for orders under s 79 of the Act.
The explanation for delay, the hardship, prejudice, prima facie case etc. will all need to be addressed in the affidavit.
Regards
Mentor
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