Graham and Kovacs (No 2)

FAMILY COURT OF AUSTRALIA

GRAHAM & KOVACS (NO 2) [2015] FamCA 450

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where father seeks adjournment of further hearing of trial due to legal and private reasons – Where Mother and ICL oppose the father’s Application - Where parties have been engaged in highly hostile litigation for about five years – Where neither the Mother and ICL asserted that they would suffer any prejudice in the event that the trial were not to proceed that day, but were to proceed a week later – Where upon balance the Court is persuaded that the interests of justice lie in granting a short adjournment to enable to the father to prepare for the resumption of trial.

Family Law Act 1975 (Cth)

APPLICANT: Ms Graham

RESPONDENT: Mr Kovacs

INDEPENDENT CHILDREN’S LAWYER: Ms Gray

FILE NUMBER: CSC 762 of 2010

DATE DELIVERED: 16 June 2015

PLACE DELIVERED: Cairns

PLACE HEARD: Cairns

JUDGMENT OF: Tree J

HEARING DATE: 27 April 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Wilson

SOLICITOR FOR THE APPLICANT: Sandra Sinclair

THE RESPONDENT: In person

COUNSEL FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Mr Victoire

SOLICITORS FOR THE INDEPENDENT CHILDREN’S LAWYER: Susan Gray

Orders

1. The hearing of the trial of this matter resume at 10:00am on Tuesday 28 April 2015.

2. Otherwise the father’s Application in a Case filed 24 April 2015 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Graham & Kovacs (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT CAIRNS

FILE NUMBER: CSC762/2010

Ms Graham

Applicant

And

Mr Kovacs

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. On 27 April 2015, I adjourned the resumption of the trial in this matter to 28 April 2015, but otherwise dismissed the father’s Application to Adjourn the trial.  These are my reasons for that decision.

2. By Application in a Case filed 24 April 2015, the father sought that the further hearing of the trial in this matter, which was due to resume on 27 April 2015 before me “be adjourned due to legal and private reasons.”  In his affidavit filed simultaneously with that Application, the father deposed to the fact that his mother had suffered a stroke on Tuesday 21 April 2015, and was then currently in the F Town Base Hospital, where she was expected to then remain for “some days”.  He said that his mother, who ordinarily lives in Country S and is a Country S national “speaks limited English and (sic) I am her only relative in Australia I have had to remain by her side.”  He went on to say that in consequence, he had been unable to properly prepare his case, or to respond to an affidavit that had been filed by the mother on 22 April 2015.  Finally it was said that a witness whom he intends to call – a Ms T – was unable to appear…