HELMS & HELMS

In *Helms & Helms*, the parties sought to defer property settlement proceedings under section 79(5) of the *Family Law Act 1975* (Cth). The primary issue before Tree J was whether a significant change in the parties' financial circumstances was likely to occur during an adjournment, and if so, whether deferring the proceedings would better serve the interests of justice compared to making an immediate order.

The court was required to consider the principles of case management and the imperative for expeditious justice, balanced against the need to afford parties a proper opportunity to present their best case. This involved assessing the likelihood of substantial financial shifts and their potential impact on achieving a just and equitable property division.

Tree J reasoned that a deferral would be appropriate if there was a demonstrable prospect of a significant change in financial circumstances that would materially affect the property settlement. The court applied the overarching principles of the *Family Law Act*, emphasizing that justice between the parties is paramount and that procedural mechanisms, such as adjournments, should be employed to facilitate a just outcome, even if it means a temporary delay in finalisation. The judge considered that allowing time for financial circumstances to evolve could lead to a more equitable distribution of assets.