AGASSI & AYARI

In proceedings before Benjamin J, the wife sought an adjournment of the final hearing due to illness, which was opposed by the husband. Oral medical evidence was presented in support of the wife's application for an adjournment.

The primary legal issue before the court was whether to grant the wife's application for an adjournment of the scheduled hearing dates. The court was also required to make directions regarding the filing of trial documentation and to determine the status of the second respondent in the proceedings.

Benjamin J granted the adjournment, vacating the hearing dates of 12, 13, and 14 November 2019. The matter was relisted for a final hearing on 16, 17, 18, and 19 March 2020. By consent, the second respondent, Ms B, was removed as a party to the proceedings, with the court noting that the liability asserted by Ms B remained an issue to be determined at the final hearing. Directions were made for the filing of financial material and affidavits by both parties, with specific deadlines set for the valuation evidence of certain property units. The court also noted that if issues of stress arose in relation to section 75(2) factors or further adjournment applications, evidence of treatment by a psychologist or psychiatrist would be expected. Costs of all parties in respect of the former second respondent's application and interlocutory applications were reserved, with the exception of any costs applications.