Watson and Contadina

In the Family Court of Australia, Mr Watson (the applicant husband) and Ms Contadina (the respondent wife) were involved in property proceedings. The wife sought interim orders, including an adjournment of a hearing scheduled for 17 January 2012 and relief from filing a financial statement until after that hearing. The husband's application under section 79A of the *Family Law Act 1975* (Cth) was based on an asserted miscarriage of justice due to the suppression of evidence and failure to disclose relevant information.

The court was required to determine whether to grant the wife's application for an adjournment and whether she should be relieved from filing a financial statement. A key issue was the husband's application under section 79A, and the court needed to decide whether this application would be dealt with as a discrete issue, potentially involving a preliminary hearing on the alleged miscarriage of justice.

Justice Watts dismissed the wife's application for an adjournment, finding that it was not a cost-effective approach and that the parties were present and able to argue the matter. The court granted the wife an extension of time to bring her application for review and set aside the registrar's order requiring her to file a financial statement by 21 October 2011. The court indicated it would further consider the issue of the wife filing a financial statement on 17 January 2012, after deciding whether the section 79A matter would be heard as a discrete issue. The court also made directions regarding the exchange of further information and particulars concerning the husband's section 79A application, and the filing of written submissions for the 17 January 2012 hearing. The costs of the day were reserved.