ROBERTS & LIANG

In the matter of ROBERTS & LIANG, Johns J considered an application for an adjournment of a part-heard family law proceeding. The respondent sought the adjournment at the commencement of the hearing due to the withdrawal of her counsel and lawyer, with the intention of securing alternative legal representation. The respondent was also assisted by an interpreter during the proceedings.

The primary legal issue before the court was whether to grant the respondent's application for an adjournment of the final hearing. A secondary issue concerned the applicant's claim for costs thrown away as a result of the adjournment.

Johns J reasoned that the circumstances warranted an adjournment to allow the respondent to obtain legal representation. The court ordered that the proceedings be adjourned for a final hearing to commence on 25 May 2020. In relation to costs, the court found that the adjournment had resulted in costs thrown away for the applicant and ordered the respondent to pay the applicant's costs fixed at $3,000, with payment stayed until 31 January 2020. The court also made orders by consent varying existing parenting orders regarding the child's time with the mother and noted an interim enrolment for the child at a primary school.