The opponent of a s 57 Legal Aid Commission Act adjournment application does not bear the onus of displacing the prima facie position that proceedings are adjourned; rather, the court may have regard objectively to all relevant material. Deficiencies in an affidavit of service that do not go to substantial matters are treated as irregularities under s 63 of the CPA and do not invalidate service, particularly where the party complaining has not raised the deficiencies within a reasonable time. Medical certificates relied upon to demonstrate inability to attend court must address the critical question of whether the medical condition would prevent the litigant from travelling to court and participating effectively in a hearing; certificates directed only to fitness for work are insufficient.
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