SAYID & ALAM

In the matter of *Sayid & Alam*, heard before Harper J, the dispute concerned a final hearing scheduled for six days, which was adjourned due to the mother recently becoming self-represented. The court considered the application of section 102NA(1)(c)(iv) of the *Family Law Act 1975* (Cth) in light of the circumstances of the COVID-19 pandemic and the requirements of procedural fairness.

The primary legal issue before the court was whether to grant an adjournment of the final hearing. This involved an assessment of the discretion afforded by section 102NA(1)(c)(iv) of the *Family Law Act 1975* (Cth), which permits the court to adjourn proceedings if it is satisfied that it is in the interests of justice to do so, considering factors including the need to ensure procedural fairness.

Harper J reasoned that the recent self-representation of the mother, coupled with the prevailing conditions of the COVID-19 pandemic, necessitated an adjournment to ensure procedural fairness. The court determined that the interests of justice would be better served by adjourning the final hearing. Consequently, the final hearing dates were vacated, and an interim hearing was ordered to be conducted via Microsoft Teams. The court also made orders regarding cross-examination under section 102NA(2) of the *Family Law Act 1975* (Cth) and directed the Independent Children’s Lawyer to organise mediation prior to the interim hearing.