Reynolds and Barbera

In the Family Court of Australia, Mr. Reynolds (the applicant father) sought an adjournment of trial proceedings against Ms. Barbera (the respondent mother). The application was made shortly before the trial was scheduled to commence during special sittings of the Court.

The primary legal issue before the Court was whether to grant the father's application for an adjournment. The father sought this adjournment due to the unavailability of his preferred counsel, Ms. O'Connor, who was engaged in a protracted part-heard matter before another judge.

Justice Burr dismissed the father's application, reasoning that there had been ample opportunity for the parties and their legal representatives to raise issues regarding counsel availability on previous occasions. The Court noted that Ms. O'Connor's unavailability for the week commencing 24 October 2011 was known to her since May 2011. His Honour emphasised the significant effort and expense undertaken by the Court to arrange the special sittings and stated that no prejudice would be caused to the father by refusing the adjournment, as competent counsel were available in Adelaide. The Court ordered that the father's Application in a Case filed on 13 October 2011 be dismissed.