New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 21

21 Adjournment of application--likelihood of significant change in circumstances

(1) Without limiting the power of a court to grant an adjournment in relation to any proceedings before it, where, on an application by a party to a domestic relationship for an order under this Part to adjust interests with respect to the property of the parties to the relationship or either of them, or otherwise, the court is of the opinion--

(a) that there is likely to be a significant change in the financial circumstances of the parties or either of them and that, having regard to the time when that change is likely to take place, it is reasonable to adjourn the proceedings, and

(b) that an order that the court could make with respect to the property of the parties or either of them if that significant change in financial circumstances occurs is more likely to do justice as between the parties than an order that the court could make immediately with respect to the property of the parties or either of them,

the court may, if so requested by either party to the relationship, adjourn the application until such time, before the expiration of a period specified by the court, as that party applies for the application to be determined, but nothing in this section requires the court to adjourn any application in any particular circumstances.

(2) Where a court proposes to adjourn an application as provided by subsection (1), the court may, before so adjourning the application, make such order or orders (if any) as it considers appropriate with respect to the property of the parties to the relationship or either of them.

(3) A court may, in forming an opinion for the purposes of subsection (1) as to whether there is likely to be a significant change in the financial circumstances of the parties to the relationship or either of them, have regard to any change in the financial circumstances of a party that may occur by reason of the vesting in the parties or either of them or the use or application in or towards the purposes of the parties or either of them of a financial resource of the parties or either of them, but nothing in this subsection 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 the parties or either of them.