Agreeing to postpone is not the entire process
When both sides agree to an adjournment, make the agreement clear in writing: identify the court file, the hearing being postponed, whether a new date has been agreed and who will notify the registry. Unless the proper court procedure is completed, do not assume the matter has disappeared from the chambers list.
Consent is different from a contested adjournment request. If another party does not agree, different steps or a hearing before the court may be needed. PD-65 specifically describes consent adjournments of applications and petitions already on the chambers list.
What PD-65 says about the time of day
Under PD-65, a consent adjournment can be communicated by telephone or faxed requisition, depending on the local registry's practice, up to 9:00 a.m. on the hearing date. After 9 a.m., parties must inform the clerk in person before chambers starts, or speak to the matter before the judge or associate judge after chambers begins.
Because registry procedures vary, contact the specific registry to confirm whether telephone, fax, an accepted requisition channel or attendance is appropriate. A private email exchange between parties is not necessarily a valid notice to the court.
A practical same-day plan
- Identify the exact hearing: case number, application or petition, scheduled date, registry and duration.
- Ask every affected party to confirm they agree to the postponement, and record any disagreement.
- Before 9 a.m., contact the registry using its accepted consent-adjournment method under PD-65.
- If the 9 a.m. threshold has passed, follow PD-65's in-person procedure for informing the clerk or speaking to the matter.
- Record what the registry or court confirms, including whether the application remains on the list and how a new date will be arranged.
- Check any new filing, hearing-notice and record deadlines rather than assuming the old dates simply carry forward.
What about the October 2026 Rule 10-6 changes?
The October 1, 2026 amendments introduced a new sequence for ordinary Rule 10-6 applications and revised hearing and application-record steps. PD-65 is about how consent adjournments are communicated; it does not replace the application rules for resetting a hearing or delivering the record.
If a hearing was adjourned without a new date, review current Rule 10-6 and the application-record guide before rescheduling.
Resetting an adjourned petition hearing
For a Rule 17-1 petition adjourned generally (without a new date), or removed from the list because the petition record was not delivered, Rule 17-1(16.1) provides for filing a Form F17 requisition with the new date and time, hearing location, petition filing date, requested orders, time estimate and associate-judge jurisdiction information. The filed requisition must usually be served on petition respondents at least 2 days before the new hearing (this is the rule's wording; do not automatically convert it to business days). Confirm booking and any directions with the registry. If the petition record was retrieved following an adjournment, Rule 17-1(15), as amended October 1, 2026, also sets a 5-to-2-business-day return window.
That petition-specific procedure is separate from resetting an ordinary Rule 10-6 application and from communicating the initial consent adjournment under PD-65.
Common mistakes
- Assuming both parties agreeing privately automatically removes the case from the list.
- Using a method not accepted by the local registry.
- Waiting until after 9 a.m. and attempting to use the earlier communication method.
- Failing to distinguish agreement to adjourn from agreement on the merits.
- Forgetting to update witnesses, travel plans and document deadlines after a postponement.
Related guides
Important: This page is general legal information, not legal advice. Court rules, practice directions, fees and forms can change. Court orders, exceptions and the circumstances of your own case can change the procedure.