Poyzer & Tritton

In proceedings before Dawe J, the husband sought an adjournment of a long-running trial, which had commenced in November 2007, and leave to sell specified properties. The husband contended he was at a disadvantage due to a lack of legal representation, citing his inability to afford lawyers. The court was also required to consider an application by the husband to take the parties' child overseas without the wife's permission.

The court was tasked with determining whether to grant the husband's application for an adjournment and leave to sell property, and whether to permit the child to travel overseas. The court also had to consider the husband's application filed on 17 October 2008, and the wife's costs application.

Dawe J refused the husband's application for an adjournment, noting the protracted nature of the proceedings. The court ordered, by consent, that both parties sign all necessary documents for the sale of a United Kingdom property for £177,000, with the proceeds to be paid into the wife's solicitors' trust account. These proceeds were to be held in trust for the payment of outstanding legal fees for both parties, equally divided. The husband's application filed on 17 October 2008 was dismissed. Further consideration of the wife's costs application was adjourned to the conclusion of evidence, allowing the husband an opportunity to obtain legal representation. The sale of a South Australian property was adjourned pending the evidence of Mr D, with net proceeds to be paid into the wife's solicitors' trust account awaiting further order. The child was granted permission to travel overseas with the husband, subject to strict conditions including payment of outstanding school fees, provision of travel and itinerary details, and confirmation from the school. The part-heard trial was adjourned to resume on 28 October 2008.