HARTWELL & CHILD SUPPORT REGISTRAR

In *Hartwell & Child Support Registrar*, Forrest J of the Federal Circuit Court of Australia considered multiple applications made by the applicant, including an oral application for an adjournment, an application to join the Federal Commissioner of Taxation to the proceedings, and an application for a stay of proceedings. The respondent, the Child Support Registrar, was represented by solicitor.

The court was required to determine whether the applicant had provided sufficient reason for an adjournment, given his failure to attend court or notify of his absence, and the fact that his application in a case had been filed three months prior. Further, the court had to consider whether there was a sufficient legal or factual connection to join the Federal Commissioner of Taxation, and whether there was a real risk of prejudice to the applicant to warrant a stay of proceedings pending the determination of separate criminal proceedings. The court also considered an application for costs.

Forrest J dismissed the oral application for adjournment, finding that the applicant's submission of a "stuff up" was insufficient reason, particularly as the applicant had been offered an opportunity to appear by phone and had not done so. The application to join the Federal Commissioner of Taxation was also dismissed, as the applicant had not provided evidence of the nature of material served upon him in separate criminal proceedings, nor established a sufficient legal or factual connection to the Family Court proceedings. Similarly, the application for a stay of proceedings was dismissed, as the applicant's assertion of prejudice was speculative and lacked an evidentiary basis. The court noted that there was no current listing in the Family Court before the trial dates in the Local Court.

Consequently, the applicant's applications for joinder and stay of proceedings were dismissed. The applicant was also ordered to pay the costs of the Child Support Registrar in relation to the application in a case filed on 18 November 2015, with such costs to be agreed or assessed.