An adjournment is when a Commission listing is delayed to a different day or time.  The request for an adjournment should only be made for a good reason such as procedural fairness, or a serious illness.

Any party to the proceedings can ask for an adjournment. The decision to adjourn proceedings ultimately rests with the Commission Member who will hear the matter. 

How to seek an adjournment?

Before seeking an adjournment, consider whether there is an appropriate alternative available.  The party may be able to request an audio-visual link or to provide evidence in written form. 

A party can request an alternative to an adjournment by following the steps listed below.

1. Speak to the other party

Before making an application for an adjournment the party seeking it (requesting party) should speak with the other party and explain that they seek a delay in the proceedings and ask if it can be agreed. If agreed the parties should attempt to identify a suitable alternative date and time. 

The requesting party should formalise the details of the discussion in an email sent to the other party (and not to the Commission) and ask the other party to send their response to the request for an adjournment by email.   

2. Ask the Commission

Having taken step 1, the requesting party should complete IRC 27 - Form of application for leave and provide detailed reasons for seeking an adjournment.  A copy of the request must be sent to the other party at the same time.

Supporting documentation must be attached, including the written response received from the other party. For example, a medical certificate must be attached if the reason is serious illness.

The application and attachments must be emailed to IRC.Registry@courts.nsw.gov.au or delivered in-person to the Commission’s Registry.

What will the Commission consider when assessing the request?

The Commission must balance all the relevant facts when assessing the application for an adjournment.¹  The Commission will consider issues such as:

• the rights of both parties including whether an adjournment will cause prejudice;
• any legislative requirements;
• the length of the delay requested;
• any impact an adjournment will have on procedural fairness and a timely resolution of the issues; and
• whether the requesting party has established an adjournment is necessary.

It is important to note that even a good reason may not outweigh other considerations, in which case the application might still be refused.

Do not assume an adjournment is approved

Do not assume the date or time will be changed. The Commission will not agree to an adjournment unless there is a good reason, and it is logistically possible to adjourn the proceedings. 

Parties should plan for the proceedings to go ahead as scheduled, unless the Commission contacts the parties to confirm a new date or time.

^{1 McMahon v Gould (1982) 7 ACLR 202.}