FAMILY COURT OF AUSTRALIA
Rimac & Rimac (No. 4) [2021] FamCA 266
File number(s): SYC 1540 of 2014 Judgment of: MCCLELLAND DCJ Date of judgment: 4 May 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Where an Application for an adjournment is made on the second day of hearing – Application dismissed. Number of paragraphs: 7 Date of hearing: 4 May 2021 Place: Sydney Counsel for the Applicant: Mr Livingstone Solicitor for the Applicant: Taylor Counsel for the Respondent: Mr C Rimac, with leave of the Court ORDERS
SYC 1540 of 2014 BETWEEN: MS RIMAC
Applicant
AND: MR RIMAC
Respondent
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Rimac & Rimac has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
McClelland DCJ:
This decision concerns a further Application by Mr Rimac (“the husband”) for an adjournment of the final hearing of the Application for Final Orders filed by Ms Rimac (“the wife”). This Application is made on the second day of final hearing, and in circumstances where I gave reasons for rejecting an adjournment application yesterday ([2021] FamCA 263). I have since been advised by Mr C Rimac, the husband’s brother representing him in these proceedings, that the husband was admitted to the K Hospital last night. I have not been provided with any medical evidence setting out the basis of that admission. I have been provided with an account by Mr C Rimac that the circumstances were due to stress.
In the decision that I gave yesterday, I set out the extensive history of this matter since the matter was initially listed for call over before me on 2 March 2020 ([4]–[11]). It was listed for call over in the context where it had been in the pool of matters awaiting allocation of a hearing date in the Sydney Registry of this Court for a considerable period of time. I set out the circumstances whereby I indulged the husband by adjourning the proceedings for final hearing commencing yesterday, 3 May 2021, to provide time for him to get on top of what were asserted to be health issues. I believe that period has been entirely reasonable.
In determining and identifying what was an appropriate period of time for an adjournment of the final hearing of these proceedings, I made allowance for the fact that it would be necessary for the husband to retain legal advisers. It is clear that he only took steps to engage legal advisors very close to the impending hearing date and that such representation was not practicable.
This Court is a court that is…
Continue reading Rimac & Rimac (No. 4)
Sign in free to access the full text
- AGLC
- Rimac & Rimac (No. 4) [2021] FamCA 266
- Case
- [2021] FamCA 266
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether to grant the applicant's application for an adjournment of the hearing.
McClelland DCJ dismissed the application for adjournment. The Court applied the principles governing adjournments, which require a party seeking an adjournment to demonstrate a compelling reason for the delay and that the adjournment would not cause prejudice to the other party or the administration of justice. In this instance, the application was made late in the proceedings and without sufficient justification, leading to its refusal.
Orders
Orders of the court
SYC 1540 of 2014
BETWEEN:
MS RIMAC
Applicant
AND:
MR RIMAC
Respondent
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.