VICKERS & PHILLIPS (No.2)

In *Vickers & Phillips (No.2)*, Judge Harland considered a property dispute between a husband and wife following a six-year relationship. The proceedings also involved applications concerning the admission of evidence and the adjournment of the final hearing.

The court was required to determine whether to admit a valuation shortly before the trial and whether to grant a second adjournment of the final hearing due to issues with that valuation. Further applications for adjournment were also made partway through the proceedings.

Judge Harland reasoned that the admission of the late valuation would cause significant prejudice to the wife, particularly as it was submitted close to the trial and a prior adjournment had already been granted. The court applied principles relating to the timely disclosure of evidence and the need for procedural fairness, noting that repeated adjournments could unduly delay the final resolution of the matter. The court ultimately decided against admitting the late valuation and refused further adjournments.

The court ordered that funds held in the husband's lawyers' trust account be distributed to the husband within fourteen days. The wife was ordered to pay the husband $2,000 within the same timeframe. Save for the enforcement of monies due, each party was to retain sole entitlement to property in their name or possession, forego claims to each other's superannuation and employment-related benefits, and remain solely liable for their own liabilities. The court also made provision under section 106A of the *Family Law Act* for the Registrar to execute documents if a party failed to do so.