Event and Time
Event Description
- A property alteration application was made by the applicant (the Wife) under the Family Law Act 1975 in the context of a de facto relationship that ended in separation in May 2017. The application was filed on March 22, 2022, seeking leave to proceed out of time for property relief due to hardship.
Application and Claims
- The Wife sought orders for the sale of a jointly owned property located at B Street, Suburb C, and claimed a 60-40 division of the proceeds favoring herself, citing significant contributions and hardships caused by the Husband's neglect of the property.
- The Husband, being uncooperative and in default, had the opportunity to engage in the proceedings but did not respond appropriately.
Judicial Decisions
- Leave was granted to the Wife to proceed with her application for property alteration out of time.
- Orders were made for the sale of the property, including the conduct of the sale and division of sale proceeds upon completion.
Dispute Points and Legal Basis
Dispute Points
Applicant (Wife)
- Argued for the need for leave due to hardship resulting from the neglect of the property by the Husband and her consistent payments of the mortgage post-separation.
- Asserts her significant financial contributions and the necessity of obtaining her share to resolve her circumstances.
- Presented a request for sale and distribution regulations regarding the property.
Respondent (Husband)
- Did not participate in the proceedings, leading to default status.
- Instances of being difficult to reach and engaging in obstructive behavior during the judicial process were noted.
- Despite attempts at service, no substantial claims or defenses regarding the Wife's assertions were put forth.