Seeking leave to file an out-of-time application under the Family Law Act

Seeking leave to make an out-of-time application under the Family Law Act involves asking the court for permission to file an application or take a particular step after a limitation period has passed.  This could apply to various situations within family law proceedings, such as filing an appeal, submitting evidence, or initiating a legal action.

When considering whether to grant leave for an out-of-time application, the court will typically consider several factors, including:

  1. Reasons for the Delay: You would need to provide valid reasons for the delay in filing the application or taking the required step.  These reasons should be genuine and substantial, such as illness, misunderstanding of legal procedures, or other extenuating circumstances.  The length of the delay is relevant and also if the party had the benefit of legal advice during the period of the delay.
  2. Prejudice or Hardship to you or the Other Party: The court will assess whether granting leave would prejudice the other party’s rights or interests.
  3. Merits of the Case: The court may consider the merits of the case and whether there is a reasonable prospect of success if leave is granted. If the application appears to have little chance of success or if it is frivolous or vexatious, the court may be less inclined to grant leave.
  4. Conduct of the Parties: The conduct of the parties throughout the proceedings, including their compliance with court orders and procedural requirements, may also influence the court’s decision on whether to grant leave.

Ultimately, the decision to grant leave for an out-of-time application is at the discretion of the court, and it will weigh up all relevant factors to determine whether it is appropriate in the circumstances.  It is essential to provide a compelling explanation for the delay and demonstrate that granting leave would not prejudice the other party or undermine the integrity of the legal process.  Seeking legal advice from a family lawyer can help navigate the complexities of making such an application effectively.

If you are considering seeking leave to file an out-of-time application, it is important to speak to a family lawyer first. We have experienced solicitors in the Newcastle and the Central Coast area that can help you through your family law matter.

We offer a fixed fee initial consultation for $220. Simply Contact one of our friendly staff members to make an appointment.