Cavelli & Selden

In the matter of *Cavelli & Selden*, heard by Riethmuller J, the applicant father sought an adjournment of the final hearing, which was opposed by the respondent mother.

The central legal issue before the court was whether the father had demonstrated sufficient circumstances to warrant an adjournment of the final hearing, particularly in light of the potential for such an adjournment to disadvantage the mother. The court also considered the application of section 102NA of the *Family Law Act 1975* (Cth) in this context.

Riethmuller J reasoned that granting the father's application for an adjournment would permit him to leverage provisions designed for the mother's protection to her detriment, both financially and emotionally, by prolonging the litigation. The court determined that it was inappropriate for the operation of section 102NA to result in such a disadvantage to the party it was intended to safeguard. Consequently, the court was not persuaded that the father had established sufficient grounds to justify adjourning the trial.

The court ordered that the father's oral application to adjourn the final hearing be refused.