Cun & Zhihui (No 3)

The case of Cun & Zhihui (No 3) involves property proceedings under the Family Law Act 1975 (Cth) concerning the modest asset pool of a married couple who separated in 2012. The proceedings have been ongoing since 2015, with the wife seeking orders to set aside property transfers made shortly before separation, or alternatively, declarations that the properties are held on trust for her and the husband. The husband, who is self-represented along with the two adult children from his previous relationship, has made numerous applications and submissions throughout the proceedings, including an application for summary dismissal which was dismissed in an earlier judgment. On 4 April 2023, the husband filed an amended Application in a Proceeding seeking numerous orders, many of which were based on specious allegations of judicial misconduct, bias, and other irregularities. The wife applied to delay the final hearing date due to her counsel being unavailable, and the husband opposed this application. The court had to decide whether to grant the husband's application for summary dismissal and the wife's application to delay the final hearing.

The court found that the husband's application for summary dismissal was baseless and fanciful, with no evidence to support his numerous allegations of judicial misconduct, bias, or other irregularities. The court held that the husband's repeated allegations went close to constituting an abuse of process. The court also found that the wife's application to delay the final hearing should be dismissed, as there were no exceptional circumstances to warrant an adjournment, and the trial was unlikely to conclude in the time available if it commenced on 3 May 2023. The court dismissed both applications and ordered that the final hearing proceed as listed on 1 May 2023.

In summary, the court dismissed the husband's application for summary dismissal and the wife's application to delay the final hearing. The court found that the husband's allegations of judicial misconduct, bias, and other irregularities were baseless and fanciful, and that there were no exceptional circumstances to warrant an adjournment of the final hearing. The final hearing proceeded as listed on 1 May 2023.