Bienstein v Bienstein M140/2000 [2002] HCATrans 206 (30 April 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M140 of 2000

B e t w e e n -

HELEN BIENSTEIN

Appellant

and

SIMON BIENSTEIN

Respondent

McHUGH J

KIRBY J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO CANBERRA

ON TUESDAY, 30 APRIL 2002, AT 9.32 AM

Copyright in the High Court of Australia

THE DEPUTY REGISTRAR: No appearance for Mrs Bienstein.

McHUGH J: Yes, thank you, Ms Musolino.

This matter is in for directions after the appellant informed the Senior Registrar that she wanted an adjournment of the matter which is set down for hearing on Thursday next. The appellant said that she was seeking an adjournment on the ground that she has been unable to prepare her case properly or be present at the hearing because of her health. The appellant is unrepresented.

This is the second time in which the matter has been set down for hearing. It was listed for hearing last year and adjourned at the request of the appellant on grounds similar to those on which the present application is sought. The appellant has not filed a summons or affidavit in support of the adjournment, and the Court is relying on communications by e-mail and telephone between the appellant and the Senior Registrar.

As a result of the application for adjournment, the matter was put in for directions today. By e-mail, the appellant was informed that today's hearing would be conducted by video link from Canberra to Melbourne. This morning, the appellant has informed the Senior Registrar that she is not able to attend the Law Courts Building in Melbourne to participate in today's hearing.

Given the circumstances of the appellant's health and the fact that she is unrepresented, the Court has reluctantly decided to adjourn the matter once again. However, the Court cannot be put in the position where it has to vacate hearing dates, dates which could have been utilised by other litigants whose cases are awaiting hearing in this Court. The appellant will now have had two adjournments of hearing dates and cannot be given any further hearing dates.

In the circumstances, the Court will grant the adjournment. However, the matter will not be listed again for oral argument. The appellant must file written submission in support of her application by 4.00 pm on Friday, 14 June 2002. The Court will then decide the present matter on the basis of the written submissions of the appellant. As the respondent has notified the Court that he does not propose to be involved in this matter, there is no need to serve those submissions on the respondent.

Adjourn the Court.

AT 9.35 AM THE MATTER WAS ADJOURNED