Fong and Yang

In the matter of *Fong and Yang*, heard before Austin J, the applicant wife sought an adjournment of the trial concerning property settlement relief under Part VIII of the *Family Law Act 1975* (Cth). The husband opposed this application.

The central legal issue before the court was whether the trial should be adjourned at the wife's request. This involved considering the wife's reasons for seeking the adjournment and the potential prejudice to the husband. A further issue arose regarding the potential joinder of the husband's mother, Ms Lu, as a second respondent and the appropriate method of service if that occurred.

Austin J granted the wife's application for an adjournment, acknowledging her need to amend her application. The court ordered that the trial be adjourned and that further procedural directions be given by the docket Registrar. The wife was directed to file and serve any Amended Application by 1 December 2017. If Ms Lu were joined as a respondent, service could be effected on the husband's solicitors. The wife was also ordered to pay the husband's costs thrown away by the adjournment, assessed at $5,000, with payment suspended until the finalisation of the property settlement dispute.