Hayes and Johns

In *Hayes & Johns*, the Family Court of Australia considered an application by Ms Hayes for an adjournment of final property dispute proceedings between herself and her former husband. Both parties were bankrupt, and their respective trustees in bankruptcy were involved in the proceedings. The application for adjournment was heard by Cronin J in Melbourne on 17 April 2013.

The primary legal issue before the Court was whether to grant Ms Hayes' application to adjourn the final hearing. Ms Hayes sought the adjournment on the basis that she had filed an application to annul her bankruptcy in the Federal Circuit Court. The Court was required to determine if this pending application provided sufficient grounds to delay the final resolution of the property dispute, particularly given the protracted history of the case and the involvement of the trustees in bankruptcy.

Cronin J refused the adjournment application, reasoning that there was no merit in delaying the proceedings. The Court noted the case had a long history since 2010, with trustees involved for several years and the matter set down for final hearing in December 2012. His Honour found that the application to annul bankruptcy was uncertain, with no guarantee of success and no indication of active progress. The Court emphasised that the trustees were entitled to proceed with finalising the bankruptcy estate, and that an adjournment would serve no practical purpose. The Court also noted that the application in the Federal Circuit Court was likely to face opposition. The Court ultimately made final orders by consent of the two trustees, finding it just and equitable to do so.