FOWLES & FOWLES

In *Fowles & Fowles*, Bennett J of the Family Court of Australia considered an application for an adjournment of proceedings. The dispute involved property settlement between the parties, Mr and Mrs Fowles. The hearing had been ongoing for a significant period, and counsel for the husband informed the court that his client was upset and potentially unfit to continue giving evidence that day.

The central legal issue before the court was whether to grant an adjournment of the proceedings to allow the husband to recover and potentially give evidence at a later date. The court was required to assess the husband's condition and determine if requiring him to continue with cross-examination would prejudice his ability to present his case effectively.

Bennett J accepted that the husband appeared distressed and that he might not do himself justice if compelled to continue giving evidence. The court therefore exercised its discretion to grant an adjournment. The reasons for this decision were to be transcribed and placed on the court file.

The court made several orders, including extending the time for compliance with a subpoena by Mr HH to 10.00 am on 4 December 2019. Liberty was reserved for any party or the recipient of the subpoena to apply to object to it or limit the documents to be produced. The solicitors for the wife were ordered to serve a sealed copy of the order on Mr HH. The matter was otherwise adjourned to a date to be fixed.