Victorian Current Acts

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RELATIONSHIPS ACT 2008 - SECT 46

Adjournment of application—likelihood of significant change in circumstances

    (1)     A court may adjourn an application for an order under section 45, if the court is of the opinion—

S. 46(1)(a) amended by No. 4/2009 s. 26(1).

        (a)     that there is likely to be significant change in the financial circumstances of one or both of the domestic partners or caring partners and that it is reasonable to adjourn the proceeding having regard to the time when that change is likely to take place; and

S. 46(1)(b) amended by No. 4/2009 s. 26(1).

        (b)     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 domestic partners or caring partners than an order that the court could make immediately.

    (2)     The court may adjourn the application—

        (a)     at the request of either partner; and

        (b)     until any time, before the end of a period specified by the court, that the partner requesting the adjournment applies for the application to be determined.

    (3)     Before a court adjourns an application it may make any order that it considers appropriate with respect to the property.

S. 46(4) amended by No. 4/2009 s. 26(2).

    (4)     In forming an opinion as to whether there is likely to be significant change in the financial circumstances of one or both of the domestic partners or caring 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 being vested in or used for the purposes of one or both of the partners.

    (5)     Nothing in this section—

        (a)     limits the power of the court to grant an adjournment in relation to any proceeding before it; or

        (b)     requires the court to adjourn any application in any particular circumstances; or

        (c)     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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