AVERILL & AVERILL

The parties to this proceeding were husband and wife. The wife sought property adjustment orders under section 79 of the *Family Law Act 1975* (Cth). The matter was set down for an undefended hearing as against the husband.

At the scheduled undefended hearing, the husband appeared and sought an adjournment, asserting mental health difficulties that he claimed prevented his participation in the proceedings. He had not filed court documents as directed. The wife opposed the adjournment application.

Morley J found that the husband had not established grounds for an adjournment. Consequently, the court proceeded with the hearing on an undefended basis, without receiving submissions or evidence from the husband. The court considered the matters relevant to a section 79 application and determined it was just and equitable to make property adjustment orders.