HORN & GABIN

Case

[2011] FamCA 657

21 June 2011


Details
AGLC Case Decision Date
HORN & GABIN [2011] FamCA 657 [2011] FamCA 657 21 June 2011

CaseChat Overview and Summary

In the matter of *Horn & Gabin*, heard before O’Reilly J, the dispute concerned an adjourned trial. The father, a litigant in person, sought an adjournment due to recent orthopaedic surgery which affected his capacity to conduct the trial.

The primary legal issue before the court was whether to grant the father's oral application for an adjournment of the trial. This involved considering the impact of the father's medical condition on his ability to participate effectively as a self-represented litigant.

O’Reilly J granted the adjournment, accepting the father's submission that his recent orthopaedic surgery impaired his capacity to conduct the trial. The court ordered that the trial be adjourned to 10am on 10, 11 and 12 August 2011, fixing these dates for the continuation of proceedings. The court also ordered that the file (P)BRF2485/2004 travel with the current file.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Bevan & Bevan [2013] FamCAFC 116
Crowden & Crowden [1999] FamCA 1992