Whittaker v Child Support Registrar (No 1) [2010] FCA 726

Whittaker v Child Support Registrar (No 1) [2010] FCA 726

Despite the scheduling conflict not being the appellants’ own fault, the complexity and difficulty of rearranging the appeal bench and prior consultation with counsel made it inappropriate to adjourn the hearing; therefore, the adjournment motion was dismissed.

Parties
First Appellant: Mark Alan Whittaker; Second Appellant: Rotary Kiln Services (Australasia) Pty Ltd; First Respondent: Child Support Registrar; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
09 July 2010
Procedural Posture
Appeal / Interlocutory Application (motion to Vacate Hearing Date)
Outcome
Notice of motion to vacate hearing date dismissed
Legal Topics
Adjournment of Hearing, Court Scheduling, Appeal Procedure
Civil Procedure Adjournment of Hearing Court Scheduling Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mark Alan Whittaker

First Appellant

Rotary Kiln Services (Australasia) Pty Ltd

Second Appellant

Child Support Registrar

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Appeal / Interlocutory Application (motion to Vacate Hearing Date)

Legal Issues

  1. 1 Whether the hearing of the appeal should be adjourned due to counsel's unavailability

Ratio Decidendi

Despite the scheduling conflict not being the appellants’ own fault, the complexity and difficulty of rearranging the appeal bench and prior consultation with counsel made it inappropriate to adjourn the hearing; therefore, the adjournment motion was dismissed.

Court Disposition

Notice of motion to vacate hearing date dismissed

Orders

  • The notice of motion dated 28 June 2010 be dismissed