WALDERS & MCAULIFFE

Case

[2020] FCCA 1541

7 May 2020


Details
AGLC Case Decision Date
WALDERS & MCAULIFFE [2020] FCCA 1541 [2020] FCCA 1541 7 May 2020

CaseChat Overview and Summary

In *Walders & McAuliffe*, heard by Judge Harman, the parties were involved in family law proceedings. The central dispute concerned whether a scheduled hearing, due to take place from 15 to 18 June 2020, could properly and safely proceed by way of a remote hearing, or if an adjournment was necessary due to the prevailing COVID-19 pandemic.

The court was required to determine the operational feasibility and safety of conducting the hearing remotely, considering the impact of the COVID-19 pandemic on the court's ability to conduct in-person hearings. This involved assessing whether the existing circumstances necessitated an adjournment to allow for potential future changes in public health regulations or court policies that might permit an in-person hearing.

Judge Harman ordered that the scheduled hearing be vacated and the matter adjourned for further mention and directions to 26 June 2020. This decision was made to allow events to unfold concerning the COVID-19 pandemic and any subsequent variations in NSW public health regulations or court policies, with the aim of permitting an in-person hearing at a later date if circumstances allowed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Rakielbakhour v DPP [2020] NSWSC 323