Haines & Rader (No 2)

The Federal Circuit and Family Court of Australia heard an application regarding the adjournment of a trial between Ms Haines and Mr Rader. The applicant, Ms Haines, sought an order that the trial proceed as scheduled, while the respondent, Mr Rader, requested an adjournment on the basis of providing a picture of a Rapid Antigen Test stick and a medical certificate. Mr Rader argued that the picture of the Rapid Antigen Test stick showed he was COVID-19 positive and the medical certificate related to a work-related medical condition. The court was required to determine whether the evidence provided by Mr Rader was sufficient to justify an adjournment of the trial.

The court held that the evidence provided by Mr Rader was insufficient to justify an adjournment. The picture of the Rapid Antigen Test stick did not demonstrate that Mr Rader was COVID-19 positive, and the medical certificate did not provide sufficient details about his work-related medical condition. The court referred to the case of Magjarraj & Asteron Life [2009] NSWSC 1433 to support its decision that the evidence was inadequate. Consequently, the court dismissed Mr Rader's requests to adjourn the trial.

The court ordered that the trial would proceed as scheduled. Both parties were required to file and serve written submissions within 14 days of receiving the trial transcript. If Mr Rader did not file his written submissions within the specified timeframe, the court intended to move to judgment. Should Ms Haines file written submissions in reply, the court would also proceed to judgment. This decision ensures that the trial progresses efficiently and that both parties have the opportunity to present their arguments in a timely manner.