Hett and Seer (No 2)

In *Hett and Seer (No 2)*, Gill J of the Federal Circuit and Family Court of Australia considered an application by the Wife for divorce, which was opposed by the Husband. The dispute arose in the context of ongoing property settlement proceedings between the parties.

The central legal issue before the court was whether to grant the Wife's application for a divorce at that stage, or to adjourn it pending the final resolution of the property proceedings. The court was required to determine the appropriate timing for the divorce order in light of the interconnectedness of the divorce and property settlement matters.

Gill J reasoned that it was in the interests of justice to adjourn the divorce application. The judge considered that the finalisation of the property proceedings should precede the granting of the divorce, thereby ensuring that the divorce order would not be made in a vacuum and that the court's final orders in the property settlement would be made with the divorce still pending. This approach aimed to avoid potential complexities or inefficiencies that might arise if the divorce were granted before the property matters were fully resolved.

Consequently, the court ordered that the Wife's application for divorce be adjourned to a date to be fixed, specifically the date on which the property proceedings are resolved by the delivery of final judgment.