Adjournment of application – likelihood of significant change in circumstances
19 Adjournment of application – likelihood of significant change in circumstances
A court may adjourn an application for an order under Division 3 to adjust interests with respect to the property of de facto partners or either of them if the court is of the opinion:
that there is likely to be a significant change in the financial circumstances of one or both of the partners, and that it is reasonable to adjourn the proceedings having regard to the time when that change is likely to take place; and
that an order that the court could make with respect to the property if that significant change in financial circumstances occurs is more likely to do justice between the partners than an order that the court could make immediately.
The court may adjourn an application:
at the request of either partner; and
until such time, before the end of a period specified by the court, as the partner requesting the adjournment applies for the application to be determined.
Before a court adjourns an application it may make any order that it considers appropriate with respect to the property.
In forming an opinion as to whether there is likely to be a significant change in the financial circumstances of one or both of the de facto partners, a court may have regard to any change in the financial circumstances of a partner that may occur because of a financial resource of one or both of the partners becoming vested in or used for the purposes of one or both of the partners.
Nothing in this section:
limits the powers of the court to grant an adjournment in relation to any proceedings before it; or
requires the court to adjourn an application in any particular circumstances; or
limits the circumstances in which the court may form the opinion that there is likely to be a significant change in the financial circumstances of one or both of the partners.
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