FAMILY COURT OF AUSTRALIA
| WARD & WARD (ADJOURNMENT) | [2016] FamCA 827 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – where the father’s application for an adjournment dismissed – father’s application for an adjournment was on compassionate grounds – where father travelled to Adelaide to be with his terminally ill father – where the father’s oral submissions relied upon a desire to obtain legal representation – where father’s refusal to avail himself for a short adjournment to participate from the Adelaide Registry weighs against an adjournment – where the trial will not proceed undefended |
| Family Law Act 1975 (Cth) s 79ZN |
| AON Risk Services Australia Ltd v ANU (2009) 239 CLR 175 Forster & Forster [2014] FamCAFC 88 |
| APPLICANT: | Mr Ward |
| RESPONDENT: | Ms Ward |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Sinclair |
| FILE NUMBER: | CSC | 260 | of | 2013 |
| DATE DELIVERED: | 29 September 2016 |
| PLACE DELIVERED: | Cairns |
| PLACE HEARD: | Cairns |
| JUDGMENT OF: | Tree J |
| HEARING DATE: | 19 September 2016 |
REPRESENTATION
| THE APPLICANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Mr Jacobs |
| SOLICITORS FOR THE RESPONDENT: | Cuthbertson & Co Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER: | Ms Dart |
| SOLICITORS FOR THE INDEPENDENT CHILDREN'S LAWYER: | Sandra Sinclair Lawyers |
Orders
The father’s Application in a Case filed 15 September 2016 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Ward & Ward has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT CAIRNS |
FILE NUMBER: CSC 260/2013
| Mr Ward |
Applicant
And
| Ms Ward |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
On 18 May 2016, I directed that this matter be listed for trial in either the September or November 2016 sittings of the Family Court of Australia in Cairns, with an estimated hearing time of eight days. Subsequently the matter was listed to commence on 19 September 2016. On 15 September 2016 the father filed an Application in a Case seeking to adjourn the looming trial. On 19 September 2016 I dismissed that application for reasons to be given in due course. These are those reasons.
BACKGROUND FACTS
These proceedings commenced as long ago as February 2014, when the mother filed an Initiating Application seeking parenting orders in the Federal Circuit Court of Australia. In due course they were listed for trial, and on 23 March 2015 Judge Scarlett made final orders by consent, which provided for the eldest child to live week about between the parents, and for…
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- Ward and Ward (Adjournment) [2016] FamCA 827
- Case
- [2016] FamCA 827
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the father's application for an adjournment should be granted. This required the court to consider the appropriate principles governing adjournments in family law proceedings, particularly in circumstances where a party seeks to delay the resolution of the matter.
Tree J dismissed the father's application for an adjournment. While the precise reasoning is not elaborated upon in the provided text, the outcome indicates that the court found insufficient grounds to grant the requested delay. The father's Application in a Case filed on 15 September 2016 was therefore dismissed.
Orders
Orders of the court
1.
The father’s Application in a Case filed 15 September 2016 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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