Hart v Deputy Commissioner of Taxation [2016] FCA 250

FEDERAL COURT OF AUSTRALIA

Hart v Deputy Commissioner of Taxation [2016] FCA 250 File number: QUD 29 of 2010

Judge: EDELMAN J

Date of judgment: 14 March 2016

Catchwords: PRACTICE AND PROCEDURE – application for adjournment under s 37M(2) of the Federal Court of Australia Act 1976 (Cth) – application made almost immediately prior to trial – unavailability of senior counsel for reasons of illness – delays in getting matter to trial – prejudice to parties, other litigants, and administration of justice if application granted – prejudice and injustice to applicant if adjournment refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M(2)

Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75

Date of hearing: Determined on the papers

Registry: Queensland

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 17

Solicitor for the Applicant: Mr I Collie of Cleary Hoare Solicitors

Counsel for the Respondent: Mr N Williams SC and Ms M Brennan QC with Mr RA Jedrzejczyk

Solicitor for the Respondent: Australian Government Solicitor

ORDERS QUD 29 of 2010

BETWEEN: MICHAEL JAMES PATRICK HART Applicant

AND: DEPUTY COMMISSIONER OF TAXATION Respondent

JUDGE: EDELMAN J DATE OF ORDER: 14 MARCH 2016

THE COURT ORDERS THAT:

1. Orders 2 and 4 to 7 of the orders made on 8 March 2016 be discharged. 2. The hearing dates of 21-24 March 2016 be vacated. 3. Costs of this application be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.