CAVOUR & CAVOUR

In the Family Court of Australia, Johns J considered a dispute between a wife and a husband concerning the progression of their final orders hearing. The wife sought to proceed with the matter undefended, while the husband requested an adjournment, having failed to file material in accordance with trial directions.

The central legal issues before the court were whether to grant the husband's application for an adjournment and, consequently, whether the wife should be permitted to proceed with her final orders application on an undefended basis. The court also considered the wife's claim for costs thrown away due to the husband's non-compliance.

Johns J reasoned that while the court possessed the ability to relist the matter, the husband's persistent failure to comply with trial directions necessitated a firm approach. The court adjourned the trial for three weeks, granting the husband an extension to file his trial material. Crucially, the court ordered that should the husband fail to comply with this extended deadline, the wife would have leave to proceed with her amended application for final orders on an undefended basis. The court also ordered the husband to pay the wife's costs thrown away, fixing the sum at $5,890.