Kabat & Anor and Garacia

Case

[2019] FamCA 503

3 June 2019


Details
AGLC Case Decision Date
Kabat & Anor and Garacia [2019] FamCA 503 [2019] FamCA 503 3 June 2019

CaseChat Overview and Summary

In the matter of *Kabat & Anor and Garacia*, Carew J of the Federal Circuit and Family Court of Australia considered an application for an adjournment of a trial. The applicant father sought to make an oral application for this adjournment.

The central legal issue before the Court was whether to grant leave for the father to make an oral application for an adjournment of the trial, and if so, whether that application for adjournment should be successful.

Carew J granted leave for the father to make the oral application for an adjournment. However, after considering the application, the Court dismissed it. The reasoning behind this dismissal is not detailed in the provided extract, but the outcome indicates that the grounds presented for the adjournment were not found to be sufficiently compelling to warrant delaying the trial.

The Court ordered that leave be granted for the applicant father to make an oral application for an adjournment of the trial, but that the application for adjournment itself be dismissed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

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