VIC How to apply adjournment of trail date if the other party does not agree?

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Muxaul

Well-Known Member
10 October 2017
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I had family report released in Dec last year. My ex, who falsely accused me of family violence and applied IVO in 2017 and withholding child in 2018, no surprisingly objected the recommendation and caused me to file application in a case seeking to get the recommended parenting time on interim basis.

After 10 months of tactical delay and 2 court appearings, ex finally consented to the original recommendation at the last minute, right before we were already in court and just about to enter the court room to see the judge. This happened two weeks ago. In the order ex also agreed to do an updated family report on an date to be allocated. And the scheduling of updated family report has created a new challenge, which is why I may need to adjourn the trail date.

Our trail date in Federal Circuit Court is set to early Feb next year. Due to Christmas and school holiday approaching, and family report writer's own availability, if I go ahead with the Feb 2020 trail, I must see the report writer in Nov 2019 at latest. I want to prove to the report writer that I can look after our child at greater time share, as well as in school holidays. Had my ex agreed to the recommendation 10 months ago, I'd be in the new parenting share for 10 months and there would be a lot to prove to the writer. Because of ex's delay, if I see the writer next month, I'd be in new parenting share for just a few weeks, and there is nothing much new to talk about, except showing the writer many of my ex's misbehaves over that last 10 months. Hence I wish to do the report in Feb, after the Dec 2019 school holiday ends.

In order to do the report in Feb 2020 I need to adjourn the trail. I informed my ex in writing about my booking of the report in Feb 2020 and my proposal to adjourn the trail. She did not respond at all. I take that she disagrees with the proposal.

Giving this situation, what is the best way to apply for adjournment? As an Self Represent Litigant, can I write to judge's chamber about my reasoning and ex's lake of respond, to apply for an adjournment? Or is there another appropriate way?

Many Thanks