JEFFREYS & BENSON (No.2)

In *Jeffreys & Benson (No.2)*, the parties to a proceeding before Judge Wilson of the Federal Circuit Court of Australia reported on the first day of trial that the initial three-day estimate for the hearing was inaccurate, and that the trial would in fact require seven days, involving thirteen witnesses who would all be cross-examined.

The court was required to determine the appropriate course of action given the significant discrepancy in the estimated trial duration and the consequent disruption to the court's schedule. The court also considered the implications for costs arising from the inaccurate estimate.

Judge Wilson observed that the interruption to the orderly conduct of court business caused by inaccurate trial estimates, and the resulting delays to other litigants, necessitated a review of the case's listing. Applying principles discussed in *Saxton & Keenan*, the court noted the importance of providing proper and realistic estimates of trial duration. Consequently, the proceeding was transferred to the Melbourne Registry of the Family Court of Australia, to be listed with such priority as that court deemed appropriate. Costs were reserved.