Event and Time
Event Description
In a family law case, a mother, represented by her litigation guardian, sought an adjournment of her part-heard trial and to appeal an order on the appointment of a litigation guardian. The trial had already endured delays over one year, with previous hearings adjourned due to the mother's loss of legal representation.
Application and Claims
- Applicant: The mother, through her litigation guardian, filed an Application seeking:
- An adjournment of the part-heard trial. - Leave to appeal the order appointing her litigation guardian.
- Arguments by the Applicant:
- The evidence presented in court is outdated. - She needs more time to prepare her case as she was unrepresented. - Ongoing investigations (including those by Victoria Police) might yield relevant evidence.
Judicial Decisions
- The application for both the adjournment and leave to appeal was dismissed.
- The judge explained that the power to grant leave to appeal did not lie within their jurisdiction.
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Dispute Points and Legal Basis
Dispute Points
Claims by the Mother:
- Outdated Evidence: The mother argued that the evidence before the court was no longer current.
- Unrepresented Status: Claimed that being unrepresented hindered her ability to prepare adequately.
- Investigations: Submitted that ongoing police investigations could provide relevant updates that justified an adjournment.
Arguments by the Respondent (Father):
- Past Representations: Highlighted the mother’s history of changing solicitors and her failure to engage with provided legal aid.