Nixon and Nixon

In the matter of *Nixon and Nixon*, Justice Bennett of the Family Court of Australia considered an application by the husband to vacate and reschedule a hearing. The wife and the independent children's lawyer opposed the adjournment, submitting that the husband was attempting to delay the finalisation of the case and lacked sufficient medical evidence to support his assertions. The Court was informed that the husband's ability to attend Court due to illness was in question.

The primary legal issue before the Court was whether to grant the husband's application for an adjournment of the final hearing. This involved assessing the husband's purported medical condition, the sufficiency of the evidence presented to support his inability to attend, and the potential prejudice to the finalisation of the proceedings. The Court also had to consider the best interests of the children involved in the proceedings.

Justice Bennett granted the husband leave to file his application for adjournment and for it to be heard on the day. However, after considering the submissions and the husband's failure to attend or adequately communicate his availability, the Court dismissed the husband's application for adjournment. The Court reasoned that the husband had not provided sufficient evidence to justify the adjournment and that the proceedings should proceed to final determination. The Court then directed that the proceedings resume on Wednesday, 27 January 2016, and requested that an independent children's lawyer interview the children and provide an oral report to the Court.