GAYNER & GAYNER

Case

[2020] FamCA 265

1 April 2020


Details
AGLC Case Decision Date
GAYNER & GAYNER [2020] FamCA 265 [2020] FamCA 265 1 April 2020

CaseChat Overview and Summary

In the matter of *Gayner & Gayner*, heard by Bennett J, the parties sought to adjourn a final hearing scheduled for June 2020 due to the uncertain economic climate arising from COVID-19. Both parties agreed that the financial circumstances of the case would likely change as a consequence of the pandemic, and therefore requested that the trial date be vacated and the matter be mentioned again in six months.

The court was required to determine whether to grant the parties' joint request to vacate the final hearing and adjourn the matter for a future mention. A secondary issue, though not central to the final orders, was the practitioners' agreement that, in the absence of the prevailing economic uncertainty, the final hearing could have proceeded appropriately by electronic means.

Bennett J acceded to the parties' request, acknowledging the impact of the COVID-19 pandemic on the financial landscape relevant to their dispute. The court recognised the practical difficulties and the potential for altered financial positions, which justified the adjournment. The decision reflects a pragmatic approach to managing family law proceedings in the face of unforeseen and significant economic disruption.

Consequently, the final hearing set down for 15 to 19 June 2020 was vacated. The matter was adjourned for mention before Bennett J on 10 September 2020 at 9:00 am, with liberty to apply reserved to the solicitors.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

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