Tulach & Grunswell

In the matter of *Tulach & Grunswell*, the applicant mother, Ms. Tulach, and the first respondent father, Mr. Grunswell, sought to proceed with a trial concerning two subject children. The second respondent, the maternal grandmother, Ms. Tulach, sought an adjournment on the first day of the trial. The court was presided over by Cleary J.

The central legal issue before the court was whether to grant the maternal grandmother's application for an adjournment. This request arose because her legal aid grant had been cancelled shortly before the trial, and although it was reinstated days prior, her solicitors had ceased to act for her. The court had to consider the impact of the maternal grandmother potentially being self-represented in complex proceedings involving two children with distinct considerations and living apart, and whether this would disadvantage her or distort the trial's outcome.

Cleary J reasoned that the maternal grandmother's difficulties in securing representation were genuine and had arisen from circumstances beyond her control, including the timing of Legal Aid's decisions. The court acknowledged the complexity of the case and the potential disadvantage the maternal grandmother would face if forced to proceed unrepresented. The judge was satisfied that refusing the adjournment would create hardship for her and could potentially lead to a distorted outcome.

Consequently, no final orders were made on 14 December 2020. The matter was stood down in the list until 4:00 pm, pending inquiries into whether representation could become available for the maternal grandmother to commence the following day.