Goodwin and Goodwin

[2018] FCCA 385

FEDERAL CIRCUIT COURT OF AUSTRALIA

GOODWIN & GOODWIN [2018] FCCA 385

Catchwords:
FAMILY LAW – Property proceedings – case concerns farming family – application for adjournment in anticipation of amendment of claim and joinder of parties – proceedings on foot since August 2016 – competing applications fixed for trial on 22 & 23 February 2018 – trial dates allocated in early 2017 – after filing of trial affidavits wife applies to adjourn trial and join husband’s parents as parties – wife further seeks to file amended application alleging existence of constructive trust in respect of farming lands owned by husband’s parents – wife alleges she acted in response to representations made by husband’s parents in respect of transfer of farming land to her and the husband on the retirement of the parents – application for adjournment made fourteen days prior to date scheduled for trial – husband opposes application – balance of prejudice – case management principles – matters to be considered – matters relating to transfer of proceedings to Family Court.

Legislation:

Family Law Act 1975, ss.3(2), 8(3), 39, 45, 50(1)

Federal Circuit Court Rules 2001, rr.7.01; 7.03; 8.02; 11.01; 11.03; 11.04

Cases cited:
Rodda & Anor v Ian Rodda Pty Ltd & Anor [2015] SASC 95
Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175

Applicant: MS GOODWIN

Respondent: MR GOODWIN

File Number: ADC 3115 of 2016

Judgment of: Judge Brown

Hearing date: 15 February 2018

Date of Last Submission: 15 February 2018

Delivered at: Adelaide

Delivered on: 19 February 2018

REPRESENTATION

Counsel for the Applicant: Mr Richards

Solicitors for the Applicant: Duncan Basheer Hannon

Counsel for the Respondent: Mr Dillon

Solicitors for the Respondent: Combes & Co

ORDERS

1. The trial dates of 22 and 23 February 2018 be vacated.

2. The husband and Mr and Mrs Goodwin Senior file any response and affidavit in support in respect of the joinder application within 28 days of today’s date.

3. The proceedings be fixed for further interlocutory hearing regarding the joinder application and whether the proceedings should be transferred to the Family Court of Australia at Adelaide and any other incidental matter on 3 May 2018 at 2:15pm (2 hours allowed).

4. The husband’s costs of this application and thrown away in respect of the adjourned trial be otherwise reserved.

IT IS NOTED that publication of this judgment under the pseudonym Goodwin & Goodwin is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 3115 of 2016

MS GOODWIN

Applicant

And

MR GOODWIN

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application for adjournment.  It is opposed.  It is not usual practice to provide extensive reasons in respect of such applications, particularly in this court, which is a high volume first instance court dealing with less complicated matters within Federal jurisdiction, particularly in family law. 

2. However, this particular adjournment application is finely balanced and the implications of either granting the adjournment or refusing it will…