Rimac & Rimac (No. 4)
Case
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[2021] FamCA 266
•4 May 2021
Details
AGLC
Case
Decision Date
Rimac & Rimac (No. 4) [2021] FamCA 266
[2021] FamCA 266
4 May 2021
CaseChat Overview and Summary
In the matter of *Rimac & Rimac (No. 4)*, heard in the Family Court of Australia, the applicant, Ms. Rimac, sought an adjournment of proceedings on the second day of the hearing. The respondent was Mr. Rimac.
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Rimac & Rimac (No. 4) [2021] FamCA 266
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Rimac & Rimac (No. 3)
[2021] FamCA 263
Re R
[2014] NSWSC 1810