Clanton & Lachman

[2022] FedCFamC1A 155

Federal Circuit and Family Court of Australia

(DIVISION 1) APPELLATE JURISDICTION

Clanton & Lachman [2022] FedCFamC1A 155

Appeal from:	Clanton & Lachman [2022] FedCFamC2F 401
Appeal number(s):	NAA 67 of 2022
File number(s):	SYC 6156 of 2017
Judgment of:	ALDRIDGE J
Date of judgment:	14 September 2022
Catchwords:	FAMILY LAW – APPEAL – Application for an adjournment of the appeal hearing – Where the respondent is self-represented and seeks an adjournment to secure legal representation – Where the respondent has not complied with directions – Where it is unlikely that the respondent would secure legal representation if an adjournment is granted – Where the interests of justice favour refusing the application – Application refused.
Number of paragraphs:	10
Date of hearing:	14 September 2022
Place:	Sydney
Counsel for the Appellant:	Mr Hill (Direct brief)
The Respondent:	Litigant in person

ORDERS

NAA 67 of 2022
SYC 6156 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS CLANTON

Appellant

AND:

MR LACHMAN

Respondent

order made by:	ALDRIDGE J
DATE OF ORDER:	14 SEPTEMBER 2022

THE COURT ORDERS THAT:

1.The respondent’s oral application for an adjournment is refused.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Clanton & Lachman has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

ALDRIDGE J:

1. Listed before me today for hearing is an appeal against final parenting orders made by a judge of the Federal Circuit and Family Court of Australia (Division 2) on 4 April 2022.

2. The respondent, Mr Lachman, appears for himself this morning and seeks an adjournment of the appeal so that he can get legal representation. He has not complied with the directions made by the appeal judicial registrar on 24 May 2022 for the filing of a Summary of Argument. The purpose of the adjournment is so that he can obtain legal representation.

3. Mr Lachman has applied for legal aid in respect of this appeal. As appeared from a letter on his phone from Legal Aid in August of this year, that body refused to provide a grant of aid for the appeal. Mr Lachman did not exercise his rights to appeal against that decision and so there seems no reasonable prospect that if an adjournment is granted Legal Aid would change its mind.

4. Mr Lachman says he would obtain money from his parents to facilitate the provision of legal services for him but he did not explain why he had not already taken that step, but taking that at face value for the moment and assuming it to be so, on that basis an adjournment would result in legal representation for him.

5. However that is but one side of the coin. The appellant is here and ready today to run the appeal and if it is adjourned because Mr Lachman has not arranged legal representation, the adjournment will be through no fault of her own.

6. At the very least, she would be out of pocket and Mr Lachman has made it plain that he would not consent to an order to pay the costs of the appellant that would be wasted by any adjournment.

7. I also take into account the extra stress that the uncertainty of these proceedings will place on the children themselves.

8. However, despite Mr Lachman assertions, I am sceptical that he will in fact obtain legal representation within a month or two, and I consider it is quite likely that if an adjournment is granted, we will be back in same position at that time.

9. Taking those matters into account, I consider that the interests of justice favour refusing the application.

10. The application for an adjournment is refused and the appeal will proceed today.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Aldridge.

Associate:

Dated:       4 October 2022