England & Harrisson (No. 4)

In the Family Court of Australia, Ms England (the applicant mother) sought to adjourn the final hearing of proceedings against Mr Harrisson (the respondent father). This application followed the withdrawal of an appeal against a prior decision that an affidavit would not be reinstated to the court file. The mother then sought to file a fresh application to reinstate the affidavit, which, if permitted, would allow the father to file further response material.

The central legal issue before Baumann J was whether to vacate the scheduled final hearing and permit the mother to file a new application to reinstate an affidavit, thereby allowing the father to file further response material. This involved considering the procedural fairness and the efficient conduct of the proceedings in light of the changed circumstances.

Baumann J reasoned that the mother's application to reinstate the affidavit, and the father's consequent right to respond, necessitated a departure from the previously scheduled hearing dates. The court acknowledged that allowing the mother to pursue this new application would impact the existing timetable and the father's ability to present his case fully. Consequently, the court determined that the final hearing dates of 21, 22, and 23 June 2021 should be vacated.

The court ordered that the final hearing dates be vacated and the proceedings be set down for a new Final Hearing on a date to be advised. The issue of costs was reserved.