SELIM & SELIM

In the matter of *Selim & Selim*, Foster J considered an application by the Wife to vacate trial dates. The dispute concerned family law proceedings, with the Wife seeking to adjourn the scheduled trial.

The primary legal issue before the court was whether the Wife had demonstrated sufficient grounds to justify vacating the already fixed trial dates. This involved assessing the adequacy of her proposed evidence and the timeliness of her compliance with procedural rules.

Foster J dismissed the Wife's application to vacate the trial dates. The court ordered the Wife to file and serve a consolidated affidavit of her evidence in chief and affidavits from her witnesses, in compliance with Rule 15.12 of the Family Law Rules 2004, along with an updated financial statement and any necessary amended application, by 26 September 2014. The court indicated that if the Wife failed to comply, the matter might proceed undefended on 30 September 2014. The costs of the Husband in relation to the dismissed application were reserved to trial. Further directions were given regarding an updated valuation of the matrimonial home, with the Husband initially to pay the expert's costs, and the Wife to provide an affidavit concerning her cohabitation circumstances. The proceedings were adjourned for trial before Justice Johnston on 30 September 2014.