D.C.T. v John Barnes and D.C.T. v Judith Barnes (No.2)

The respondents, John and Judith Barnes, sought an adjournment of a hearing of a creditor's petition filed against them. The petitioner was the Director of Consumer Trading. The matter was heard by the Federal Circuit Court of Australia, presided over by Justice Gilmour. The Barneses argued that the adjournment was necessary to allow them to prepare their defence, as they had only recently obtained legal representation and had not had an opportunity to review the evidence.

The court had to determine whether the application for an adjournment was justified, considering the respondents' late acquisition of legal counsel and their assertion that they needed more time to prepare. The court also had to consider the petitioner's contention that an adjournment was not warranted due to the delay in filing the application and the fact that the Barneses had already had an opportunity to review the evidence.

Justice Gilmour dismissed the application for an adjournment, noting that the Barneses had been aware of the petition for some time and had not acted promptly in obtaining legal representation. The judge emphasised that the petitioner had a right to have the petition heard without undue delay and that the Barneses' circumstances did not warrant a further adjournment. The hearing of the creditor's petition was set for 10:15am on 11 September 2008. The parties were instructed to attempt to reach an agreement on the costs of the adjournment application, with any unresolved matters to be dealt with at the hearing.