Event and Time
Event Description
- Final hearing set for 23 October 2023 in a family law property dispute.
- The second respondent submitted trial materials only two days before the hearing, causing concern for the court.
Application and Claims
- The second respondent (mother of the applicant) sought an adjournment due to late filing of their trial affidavit.
- The first respondent (self-represented litigant) argued that proceeding without adequate time to review the affidavit would be unfairly prejudicial.
Judicial Decisions
- Proceedings were adjourned to the week commencing 1 July 2024.
- The second respondent was ordered to pay the first respondent's costs on an indemnity basis.
Dispute Points and Legal Basis
Dispute Points
- Second Respondent's Claim:
- Late filing of trial affidavit (267 pages), which included important evidence on financial matters and ownership claims. - Claimed a need for an adjournment due to a conflict causing a change in legal representation.
- First Respondent's Argument:
- Argued that lack of time to review the second respondent’s affidavit (only two days) would prejudice her ability to respond adequately. - Suggested that the trial had been set for a significant duration, highlighting her need for fair preparation.
- Court's Considerations:
- Concern over the fairness of the process, especially with potential overlapping issues with concurrent criminal proceedings involving the applicant. - The adequacy of time for self-represented litigants to understand and respond to complex legal materials.