Brogden & Brogden

In the matter of SYC 2521 of 2019, Ms Brogden (the applicant) and Mr Brogden (the respondent) were before Harper J of the Family Court of Australia. The dispute concerned the final hearing of proceedings, which was scheduled to commence on 6 September 2021.

The primary legal issue before the court was whether to grant an adjournment of the final hearing due to the State of New South Wales being in lockdown as a result of COVID-19. The court was required to consider the implications of conducting the trial electronically, particularly given that children would be present during the electronic trial and the mother would have to give evidence. The court also had to assess the potential impact of an electronic hearing on its ability to assess allegations of family violence against the father and the character of the father.

Harper J reasoned that an electronic hearing might be deficient in assessing the father's character, especially in light of the allegations of family violence. The court also considered that there was a possibility of a face-to-face hearing becoming available in the coming months. Consequently, the court determined that an adjournment was appropriate to ensure a fair and thorough hearing.

The court ordered that the final hearing listed for 6 September 2021 be vacated and the proceedings be adjourned to 17 January 2022 for a final hearing estimated to take 5 days. Leave was granted for parties to file updated affidavit material by 17 December 2021 and to confer with the Independent Children's Lawyer regarding the provision of further material to a single expert witness. The parties were also ordered to confer and submit an agreed trial plan by 13 January 2022, and leave was granted for each party to issue up to two further subpoenas.