Darvish & Karo (No 2)

[2024] FedCFamC2F 1041

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Darvish & Karo (No 2) [2024] FedCFamC2F 1041   

File number(s):	SYC 9035 of 2023
Judgment of:	JUDGE STREET
Date of judgment:	26 July 2024
Catchwords:	FAMILY LAW – PROCEDURE - application in a proceeding - adjournment dismissed
Legislation:	Family Law Act 1975 (Cth)
Division:	Division 2 Family Law
Number of paragraphs:	3
Date of hearing:	26 July 2024
Place:	Sydney
Counsel for the Applicant:	Ms S Mahony
Solicitor for the Applicant:	I & J Law
Respondent:	Appeared via video and audio-link

ORDERS

SYC 9035 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS DARVISH

Applicant

AND:

MR KARO

Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	26 JULY 2024

THE COURT ORDERS THAT:

1.The Application in a Proceeding dated 18 July 2024 is dismissed.

2.The 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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

JUDGE STREET

1. The husband has asked the Court for an adjournment of the proceedings and sought to press the Application in a Proceeding that was filed on the on 18 July 2024 for an adjournment. The husband contends that he has not been able to put on evidence that he wished to put on and that he has not had time to prepare a case outline.  This matter was fixed for hearing pursuant to the orders made on 31 May 2024. Those orders provided the husband an opportunity to put on a consolidated affidavit and any expert witness evidence by 1 July 2024. Those orders also provided both parties the opportunity to file a case outline by 25 July 2024. 

2. The husband has had a fair opportunity to put on evidence if he wished to do so, the husband failed to do so. The original underlying ground for an adjournment raised by the Application in a Proceedings was based on the notice to produce and no longer exists given that compliance with the same has been dispensed with. The other grounds are without substance and would give rise to delay of these divorce proceedings and the incurring of further costs. The Court has taken into account the principles in s 43, s 68B and s 69ZN of the Family Law Act 1975 (Cth) and the overarching purpose in s 95 of the Act. 

3. The Court is not satisfied an adjournment is warranted in the interest of the administration of justice. Accordingly, the Court makes the above orders.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Oral Published Reasons for Judgment of Judge Street.

Associate:

Dated:       7 August 2024