EAVES & EAVES

In the matter of Eaves & Eaves, Berman J considered applications concerning the conduct of a final hearing in family law proceedings. The applicant sought to have the matter heard in Court, while the respondent preferred to proceed via Microsoft Teams. Granting the hearing in Court would necessitate a significant adjournment, which the respondent opposed. The Court also addressed an application by the respondent for leave to file further affidavits on a specific topic, which was not opposed.

The primary legal issues before the Court were whether the final hearing should be adjourned to accommodate a hearing in Court, despite the respondent's opposition and the availability of Microsoft Teams, and whether the respondent should be granted leave to file further affidavits. The Court also made directions regarding the preparation of case outlines to ensure clarity on the applicant's case.

Berman J reasoned that the matter could appropriately be dealt with via Microsoft Teams, thereby avoiding a significant adjournment that would be opposed by the respondent. The Court granted leave for the respondent to file further affidavits limited to the topic of any change in the date of the parties' marriage, as this application was not opposed. Further trial directions were made, requiring the parties' practitioners to file and serve a concise set of orders, a list of applications and affidavits to be read, any objections to evidence, and a summary of argument by a specified date.