Vanetti & Harrison

In the matter of *Vanetti & Harrison*, heard by Bennett J, the applicant mother objected to the final hearing proceeding via the court's electronic platform, specifically concerning the reception of her evidence and cross-examination by video link while the father's evidence and cross-examination might be conducted face-to-face. No party sought a fully electronic trial.

The court was required to determine whether to grant an adjournment of the final hearing to allow for a fully attended hearing, considering the mother's mental health difficulties and the perceived safeguards of in-person hearings compared to virtual ones. Additionally, the court had to consider an oral application for a costs certificate under the federal proceedings costs scheme, in relation to a discontinued trial, where it was argued the adjournment was not the fault of either party.

Bennett J granted an adjournment of the final hearing, vacating the dates set for July 2021 and relisting the matter for February 2022. This decision was made in light of the mother's mental health challenges, which rendered an electronic trial inappropriate for this parenting and financial matter. The court found that the safeguards of a fully attended hearing were preferable in these circumstances. Regarding the costs certificate application, the court was not satisfied that the trial had been "discontinued" in the sense required by the scheme, and therefore denied the application.