Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_79aa
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 79AA
Character Range: 17700–20283

79AA  Other matters in relation to alteration of property interests
 (1) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.

Enforcement of order after death of party

 (1A) An order made under section 79 in property settlement proceedings may, after the death of a party to the marriage, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

Adjournment of property settlement proceedings

 (2) The court may (subject to subsection (2A)) adjourn property settlement proceedings on the terms and conditions the court considers appropriate, for the period the court considers necessary to enable the parties to the marriage to consider the likely effects (if any) of an order under section 79 on the marriage or the children of the marriage.

 (2A) Subsection (2) does not apply if the parties to the marriage are:
 (a) parties to concurrent, pending or completed divorce or validity of marriage proceedings; or
 (b) parties to a marriage who have divorced under the law of an overseas country, if that divorce is recognised as valid in Australia under section 104; or
 (c) parties to a marriage that has been annulled under the law of an overseas country, if that annulment is recognised as valid in Australia under section 104; or
 (d) parties to a marriage who have been granted a legal separation under the law of an overseas country, if that legal separation is recognised as valid in Australia under section 104.
 (3) Nothing in subsection (2) limits any other power of the court to adjourn property settlement proceedings.

 (4) A party to property settlement proceedings that have been adjourned under subsection (2) may apply to the court for the hearing of the proceedings to be continued if:
 (a) the period of the adjournment has not expired; and
 (b) any of the following subparagraphs apply:
 (i) one or both of the parties to the marriage institutes divorce or validity of marriage proceedings;
 (ii) the parties to the marriage have divorced under the law of an overseas country and the divorce is recognised as valid in Australia under section 104;
 (iii) the marriage is annulled under the law of an overseas country and the annulment is recognised as valid in Australia under section 104;
 (iv) the parties to the marriage are granted a legal separation under the law of an overseas country and the legal separation is recognised as valid in Australia under section 104.

Likely significant change in financial circumstances