Rimac & Rimac (No. 3)

The parties in this matter were Mr and Mrs Rimac, with the application concerning their family law dispute. The application for an adjournment was made on the first day of the hearing, after cross-examination of a party had commenced. The court was the District Court.

The central legal issue before the court was whether to grant an adjournment of the hearing at a late stage, after proceedings had already commenced and cross-examination was underway. The court was required to consider the prejudice that any such adjournment would cause to the wife.

McClelland DCJ dismissed the application for adjournment. His Honour reasoned that granting an adjournment at that juncture would cause significant prejudice to the wife, particularly given the stage the proceedings had reached. The court applied the principle that adjournments are a discretionary matter, to be exercised having regard to the overall justice of the case and the potential prejudice to the parties.

The application for adjournment was dismissed.