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What is an administrative adjournment.

We have an interim hearing next month. Prior to that, there is a family report to be done.

The FM said that if the report is not available by the interim hearing, then an administrative adjournment could be called. The FM also said that we didn't have to agree to the adjournment.

So can anyone give me an idea of what an administrative adjournment is? What will the FM do if it is agreed? What will happen if we don't agree to it? What is the next step?

Thank you in advance.
Here's what Family Law Rules 2004 - Rule 12.14 says:

Family Law Rules 2004 - Rule 12.14 said
Administrative postponement of conferences or procedural hearings

        (1)         If the applicant and any party served agree that a case assessment conference or a procedural hearing should not proceed on the date fixed for it, the applicant and any party served may request the Registry Manager to postpone the conference or hearing.

        (2)         A request must:

        (a)         be in writing;

        (b)         specify why it is appropriate to postpone the event;

        ©         specify the date to which the event is sought to be postponed;

        (d)         be signed by each party making the request or the partys lawyer; and

        (e)         be received by the Registry Manager no later than 12 noon on the day before the date fixed for the conference or hearing.

        (3)         If a request is made, the Registry Manager must tell the parties:

        (a)         that the event has been postponed; and

        (b)         the date to which it has been postponed.

        (4)         The Registry Manager must not postpone a conference more than once or any procedural hearing more than twice.

        (5)         A court event mentioned in subrule (1) must not be postponed to a date that is more than 8 weeks after the date fixed for the event.

Summary of Chapter 13

Chapter 13 sets out the rules about:

         a partys duty to make early, full and continuing disclosure of all information relevant to the case to each other party and the court; and

         the timing, extent and method of discharging the duty of disclosure and how the duty can be enforced.

The aim of disclosure is to help parties to focus on genuine issues, reduce cost and encourage settlement, of the case.

"The rules in Chapter 1 relating to the courts general powers apply in all cases and override all other provisions in these Rules.

"A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

My guess is that inclusion of material in regard to chapter 13 is not intended.
Ok, so I get the jist of it.

If we however do not agree to the adjournment, can the matter be adjourned. The other party was not present at court on the first day, rather they had someone else act on behalf of their solicitor.

Part 1 says "if the applicant and any party served agree". Does that mean that the other party would need to seek our agreement for an adjournment before applying for the adjournment?
Boots, that how I see it agreement by all to adjourn.

However, to agree or not agree is something that should be given some thought. How would it be seen to want to proceed without the report. Could that be seen as an virtually an admission that the report is unfavourable? Does it suit your case to agree or not agree? The FM saying this could be the FM advising you to not agree or to agree? On another tack it could be seen, for example, if there is currently no or little contact, then it could be seen by the FM as that not being an issue and that whoever is missing out on the contact doesn't see this as an issue. I'm wondering if it could be a good idea to explain that you find it a hard decision to make for such and such a reason and that you then ask the magistrate to make the decision on your behalf. However please note, I don't even know if you can do that.

Without knowing the details it would be hard for anyone to provide the best and pertinent advice. I'd suggest that you need good and pertinent advice in this regard and I'd suggest asking the SRL-Resource to see what they suggest.
Mike, you are right (as usual), this is about contact or rather, lack of contact. Currently contact is limited to school holidays, and the other parent has even prevented contact during holidays.

At the first court appearance where the other party's solicitor was represented by an agent, they, the other party asked for an adjournment then. The child at this stage had not spent time with us for over 5 months. The FM ordered immediate contact. He also ordered the family report and that is when he spoke about the administrative adjournment.

The next date (the interim) is just before the next holidays. We did ask the FM if he would order contact for those holidays as well. His response was that he hoped that it would have already been sorted out by the parties before the next date (the interim).

We have asked the other (twice now) about contact for the next holidays and there has been no response, no acknowledgement whatsoever. We are having to deal with the other party's legal representative as the other party refuses to communicate directly.

So there it is a nutshell, the reason we would not agree to an administrative adjournment. We would be asking that the FM direct the other party to allow immediate contact.

Interestingly, it is the other party who eventually lodged this matter with the courts. And it is the other party who keeps saying that they will apply for us to pay costs. We don't have legal representation, they do, and I assume that their legal bill is escalating. We very rarely receive a repsonse to our emails. There is and always was  very one sided communication between the parties, irrespective of lawyers.

Also of note, is that the 60I certificate lodged by the other party was well over twelve months old (at least the mediation occurred over 12 months, not the signature). We did attempt mediation with the other party on at least two occassions thuis year. Both times rejected.
         I really think you should try getting the SRL-Resource to help you. My thought is that response to the FM, shopuld the report not be ready, be something along the lines of:

Your honour, I believe that my child's best interest is not served by a continuance of not having contact with myself. I could therefore only agree to an adjournment to wait for the report, which I believe should be considered in any final decision, if the other party makes an assurance that contact will occur on (your contact regime).

However, again I stress, try to get to speak to the SRL-Resource as I have only once been before a magistrate or seen a magistrate or judge in action, I my situation the magistrate did everything for me, and I might well be very wrong in what I say. Perhaps an SRL-Resource will comment on here.
Thank you Mike
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