Sirola & Sirola

Case

[2016] FamCA 620

16 June 2016


Details
AGLC Case Decision Date
Sirola & Sirola [2016] FamCA 620 [2016] FamCA 620 16 June 2016

CaseChat Overview and Summary

In the matter of *Sirola & Sirola*, heard before McClelland J, the proceedings involved a dispute between a wife and a husband, with the paternal grandmother seeking to join as a party. The husband applied for an adjournment of the hearing scheduled for 17 June 2016, which concerned the wife's application filed on 10 March 2016 and the paternal grandmother's application filed on 29 April 2016.

The court was required to determine whether to grant the husband's application for an adjournment and to set new hearing dates for the wife's and paternal grandmother's applications. Additionally, the court needed to establish a timetable for the filing and service of further material by the parties and confirm existing final hearing dates for parenting and property matters.

McClelland J granted the husband's application for an adjournment, rescheduling the hearing for the wife's and paternal grandmother's applications to 28 June 2016. The court directed that any party failing to appear on this date would have the hearing proceed in their absence. A strict deadline of 22 June 2016 was imposed for the filing and service of further material, with no additional material to be filed thereafter without leave. The final hearing dates for parenting and property matters, originally set for August 2016, were confirmed, with a minor amendment to a previous order regarding the conduct of the final hearing. Existing orders from 2 May 2016 were to continue. The costs associated with the adjournment application and the costs thrown away were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

4

Videnovic v Todorovic [2023] NSWSC 242
Xiang bht Cao v Tong [2021] NSWSC 44
Re WS (No 3) [2017] NSWSC 1160