Event and Time
Event Description
- The case involves a family law dispute between Ms Millman (the applicant) and Mr Millman (the first respondent), focusing on property settlement and parenting orders.
- The key event is the applicant's application to vacate the scheduled trial date of 1 November 2021 due to the unavailability of her senior counsel while the matter also includes serious parenting issues.
Application and Claims
- The applicant sought to vacate the trial date because her senior counsel was unavailable, and she had difficulty briefing alternate senior counsel.
- The respondents opposed the application, emphasizing the importance of proceeding with the trial date as planned.
- The court had previously expressed concerns regarding readiness for trial, particularly regarding the valuation of various entities involved.
Judicial Decisions
- The application to vacate the trial date was dismissed, citing the need for the proper administration of justice and the dismissal of claims of prejudice to the applicant.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Cited unavailability of senior counsel and inability to brief others as grounds for vacating the trial. - Concern about the timely preparation of expert valuation reports impacting her case.
- Respondent's Arguments:
- Opposed the vacating of the trial date, indicating that all parties had previously agreed to it and emphasizing the urgency of resolving the dispute due to parenting issues. - Argued that the applicant would not be prejudiced, as she still had the support of experienced junior counsel.
- Evidence and Reasoning:
- Evidence included the applicant's efforts to find alternate senior counsel, which were described as unsuccessful. - The court highlighted the importance of continuing with the scheduled trial for the sake of proper judicial process and the impact on the family’s welfare.