Mudin & Bashar

In the matter of *Mudin v Bashar*, heard by McClelland DCJ, the applicant, Mr Mudin, and the respondent, Ms Bashar, were involved in family law proceedings. The primary dispute concerned the mother's application for an adjournment of the final hearing, which had been scheduled to commence on 22 March 2021. The mother contended that her ability to prepare for the hearing had been compromised by a difficult pregnancy and that she would be unable to participate effectively due to the care of her infant child, lacking alternative childcare arrangements.

The court was required to determine whether to grant the mother's application for an adjournment of the final hearing. This involved considering the impact of the mother's personal circumstances on her capacity to engage with the proceedings and prepare adequately for trial, as well as the parties' prior non-compliance with trial directions.

McClelland DCJ granted the adjournment, acknowledging the mother's difficulties arising from her pregnancy and the subsequent care of her infant. The court extended the deadline for compliance with trial directions previously made, indicating a willingness to accommodate the mother's situation while still aiming to progress the matter. The final hearing was rescheduled to commence on 13 September 2021, with a compliance mention set for 9 August 2021. The court also noted that the parties should prepare for a face-to-face hearing in September.