Wafula and Batley (No 2)

In *Wafula and Batley (No 2)*, the Federal Circuit and Family Court of Australia considered an application for an adjournment made by the mother. The dispute concerned children and the final hearing, which had already been listed for over 20 days and remained incomplete. The mother sought an adjournment to obtain further legal representation, having had her solicitors withdraw due to an inability to obtain instructions.

The central legal issue before the court was whether to grant the mother's application for an adjournment. This required the court to balance the mother's need for legal representation against its overarching obligation to bring proceedings to a timely conclusion, particularly given the significant resources already expended by the parties and the impact of ongoing litigation on the welfare of the child. The court also considered the uncertainty surrounding the mother's eligibility for legal aid.

Macmillan J reasoned that the late stage of the final hearing, the substantial expenditure of resources, and the detrimental effect of protracted litigation on the child weighed heavily against granting an adjournment. The court noted that there was no guarantee the mother would secure legal aid. Consequently, the application for adjournment was refused, with the court affirming its duty to ensure the timely conclusion of proceedings. No specific orders were made at this stage, pending formal entry in the court's records.