Garratt and Aiken & Anor

In the matter of *Garratt and Aiken & Anor*, Foster J considered an application for an adjournment of trial dates allocated for 4 and 5 June 2019. The dispute concerned final orders sought in relation to a child, with the applicant paternal grandmother and the second respondent father seeking the adjournment. The court noted that the current orders in place were largely aligned with the final orders sought by the mother, and that the applicant and second respondent had experienced difficulties with their previous legal representative.

The primary legal issue before the court was whether the proceedings should be further delayed, with a specific focus on the best interests of the child and the potential prejudice to the parties if the adjournment was granted or dismissed. The court was required to weigh the history of the litigation, the impact of the previous solicitor's conduct, and the potential disruption to the mother and other parties against the need for the applicant and second respondent to properly present their case.

Foster J granted the adjournment, reasoning that the interests of justice, particularly in relation to the child, necessitated allowing the applicant and second respondent further time to prepare their case. The court vacated the trial dates and listed the proceedings for judicial case management on 22 July 2019. Strict conditions were imposed on the applicant and second respondent, requiring them to file and serve amended applications and responses, consolidated affidavits of evidence, and outlines of case by 18 July 2019. Failure to comply with these orders would result in their application and response being struck out and dismissed, effectively removing them as parties to the proceedings. The costs of the Independent Children’s Lawyer and the mother, thrown away by reason of the adjournment, were reserved.