Limousin & Limousin

This matter concerned an appeal from a decision of the Family Court of Australia. The appellant, the husband, sought to appeal on grounds including that the trial judge erred in failing to grant an adjournment to allow for discovery of the respondent wife's financial affairs, and that the trial judge denied the appellant natural justice by failing to grant this adjournment or make further discovery orders.

The Full Court was required to determine whether the trial judge's refusal to grant an adjournment for further discovery constituted an error of law or a denial of natural justice. The court also considered whether the grounds of appeal relating to these issues were established.

The court considered the principles established in *British American Tobacco Australia Services Ltd v Cowell* and *Stead v State Government Insurance Commission*. The reasoning applied was that the appellant had not established that the trial judge erred in failing to grant the adjournment or that natural justice was denied. The court found that the appellant had not demonstrated that the refusal to adjourn was a material error or that it prevented a fair trial.

Consequently, the court dismissed grounds 9 and 14 of the Notice of Appeal, and any applications for leave to appeal in terms of those grounds. The parties were ordered to file written submissions regarding costs within specified timeframes, and the wife was to notify the husband's solicitors of her intention to proceed with the remaining grounds of appeal.