Genesalio & Genesalio (No 2)

In the matter of Genesalio & Genesalio (No 2), the applicant, Mr Genesalio, sought to vacate the hearing date of the appeal and extend time to comply with procedural orders. This was the second instance where Mr Genesalio had sought an adjournment of the appeal hearing. The Family Court of Australia was tasked with determining whether the application should be granted.

The court had to consider whether Mr Genesalio’s application, supported by a medical certificate and two medical reports, was sufficient to warrant another adjournment of the appeal hearing. The medical certificate did not detail how Mr Genesalio’s medical condition impeded his ability to participate in the appeal, rendering it of little probative value. The medical reports were also lacking in detail about Mr Genesalio’s diagnosis and symptoms, and thus carried no evidentiary weight. The court found that the evidence provided was not persuasive enough to warrant another adjournment.

The court granted an extension to file the relevant documents in the appeal but dismissed the application in its entirety otherwise. The time for compliance with Order 9 was extended to 17 November 2023, and for Order 10 to 24 November 2023. Mr Genesalio was excused from attendance at the appeal hearing if he chose not to appear electronically. The form of the order is subject to the entry in the Court’s records, and may be subject to review or variation.