Gim & Conway
[2025] FedCFamC1F 172
•14 March 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Gim & Conway [2025] FedCFamC1F 172
File number: SYC 2170 of 2023 Judgment of: SCHONELL J Date of judgment: 14 March 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment application – Where the applicant seeks to adjourn the final hearing to commence on 31 March 2025 to June 2025 due to a lack of legal representation – Inability to fund legal representation – Where the applicant has not yet sought Legal Aid representation – Where the Court is not satisfied that this position is likely to change, let alone change by 30 June 2025 – Application to adjourn the final hearing dismissed Division: Division 1 First Instance Number of paragraphs: 16 Date of hearing: 14 March 2025 Place: Sydney The Applicant: Self-represented litigant Solicitor for the Respondent: Franzese & Associates ORDERS
SYC 2170 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS GIM
Applicant
AND: MR CONWAY
Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
14 MARCH 2025
THE COURT ORDERS THAT:
1.The applicant’s Application in a Proceeding dated 12 March 2025 for an adjournment of the final hearing listed to commence on 31 March 2025 is refused.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Gim & Conway has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
SCHONELL J:
By Application in a Proceeding dated 12 March 2025 the applicant seeks to adjourn the final hearing listed to commence on 31 March 2025. The application is opposed by the respondent.
The applicant in her affidavit sworn 12 March 2025 states that her solicitors ceased to act for her on 26 February 2025 because she could not borrow the necessary funds to pay for the legal proceedings, that her mental health condition has deteriorated and become severe, that she is unable to represent herself at the upcoming hearing, and that she has experienced financial hardship.
Annexed to her affidavit is a letter from her treating clinical psychologist addressed to her general practitioner which records that, in the opinion of the clinical psychologist, the applicant is experiencing:
… extremely severe levels of depressive symptoms, extremely severe levels of anxiety and severe levels of stress. In addition, during our first session, [Ms Gim] reported experiencing passive TOSI, a history of DSH where she presented to [B Hospital] and nil TOHO. [Ms Gim] has an upcoming court hearing at the end of March/ beginning of April which is a significant stressor for her. With limited social supports other than her church friends, and recently the loss of legal support, I am concerned for her mental state. I have discussed with [Ms Gim] the possibility of supplementing her treatment with medication alongside psychotherapy and for her to explore the pros and cons with yourself.
(As per original)
In her submissions before me today, the applicant said that her lawyers had requested that she provide $80,000 to fund her legal proceedings. The thrust of her submission was that she does not have those funds available to her to engage her lawyers for the purposes of the hearing.
Before me today, she said that she had made enquiries to prepare documents to lodge with Legal Aid to seek a grant of legal aid. Further enquiries with her indicated that she proposes to lodge that application sometime next week. She also said that she would be making enquiries of various friends to assist her with funds and that she sought an adjournment until 30 June 2025.
These proceedings have been before the Court since sometime in 2023. In that respect, I note that the matters were at one stage before a judge of Division 2 of the Federal Circuit and Family Court of Australia where they had been listed for hearing. The hearing dates were vacated by orders dated 13 November 2024 having previously been listed for hearing in June 2024.
A judge of Division 2 of the Federal Circuit and Family Court of Australia decided that it was not appropriate for the matter to remain listed in that court given what was described as “the breadth and complexity of the matters”, “voluminous documents” and “the potential for overseas witnesses” (Order C of orders dated 13 November 2024).
The judge contended that the matter would require four to five days.
The matter came into my docket on 10 December 2024 on which occasion each of the parties were represented. On that date, I fixed the matter for hearing for four days commencing 31 March 2025. I was advised on that occasion that the matter was otherwise ready to proceed. There was no suggestion made to me on 10 December 2024 that there was any impediment to the matter proceeding by way of the lack of provision of funds to enable the applicant to be represented.
DISPOSITION
There are many people who come before this court who conduct litigation unrepresented. Whilst it is unfortunate that the applicant is unrepresented, I am not satisfied that the evidence reveals that this position is likely to change, let alone change by 30 June 2025.
The applicant has not yet made an application to Legal Aid and there is no evidence before me that Legal Aid would even provide a grant of aid in the circumstances of this case. In the event that were to come about then the adjournment would be pointless.
As to the applicant’s contention that she would seek financial assistance from friends, the respondent’s counsel quite appropriately points to paragraph 5 of the applicant’s affidavit which records as follows:
I have been experiencing financial hardship and previously relied on loans from friends to cover my accommodation costs. However, as this support is no longer available, I now need to seek assistance from Centrelink.
In circumstances where her friends are unable to provide her with the costs of accommodation, there is no evidence before me that they would be able to provide her with anything near the $80,000 that she says her lawyers had required her to provide with funds to conduct the litigation. Thus, the asserted financial assistance from friends does not appear to be apparently available.
As I indicated earlier, there is nothing before me to suggest from a financial perspective or a capacity perspective, that the applicant’s ability to run the hearing in March would be any different to that which it would be in June being the period of time in which she seeks an adjournment.
In relation to the applicant’s mental health, I have referred earlier to the report from the applicant’s clinical psychologist. Whilst the applicant’s mental health condition does appear to be severe, the psychologist does not say that the applicant is unable to conduct the proceedings nor does she say that the applicant’s position would be any different in June.
For the above reasons, the applicant’s application for an adjournment of the hearing listed to commence on 31 March 2025 is refused.
I certify that the preceding sixteen (16) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Schonell. Associate:
Dated: 18 March 2025
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