Forkan and Forkan

In *Forkan & Forkan*, heard in the Family Court of Australia, Ms Forkan (the applicant wife) and Mr Forkan (the respondent husband) were involved in proceedings. The husband had applied for an adjournment of the hearing date and the current mention date, but failed to appear at the scheduled mention. The wife was represented by Mr Hearl.

The primary legal issue before the Court was whether to grant the husband's application for an adjournment. This required the Court to consider the adequacy of the evidence presented by the husband in support of his claim of a medical disorder preventing his attendance, and the impact of any adjournment on the wife and the children.

Justice Fowler denied the husband's application for an adjournment at that time, finding that the husband had not adduced sufficient evidence to properly support his claim. The Court noted that the husband's letter and attached statements of account were not properly tendered into evidence. The Court indicated that an adjournment might be granted if the husband provided affidavit evidence from his treating medical practitioners detailing his condition, diagnosis, treatment, and prognosis, along with a statement explaining his inability to attend. The Court also considered the wife's financial position, highlighting that she was the primary carer, paying child support, and living in rented accommodation, while the husband resided in his own property. The Court emphasised the difficulty in obtaining hearing dates and the need for compelling evidence to justify vacating them.

The Court adjourned the matter for an interim hearing on 8 February 2013, at which time the husband was given liberty to repeat his application for an adjournment and adduce proper evidence. The solicitor for the wife and the Court's Associate were directed to notify the husband of the adjournment and provide a summary of the Court's comments.