Alexakis v Secretary, Department of Education, Employment and Workplace Relations
[2008] FCA 567
•24 April 2008
FEDERAL COURT OF AUSTRALIA
Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 567
THEODOROS ALEXAKIS v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
NSD 397 OF 2008
ALLSOP J
24 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 397 OF 2008
BETWEEN:
THEODOROS ALEXAKIS
AppellantAND:
SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE:
ALLSOP J
DATE OF ORDER:
24 APRIL 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Pursuant to section 53A of the Federal Court of Australia Act 1976 (Cth), the matter be referred to mediation before Deputy District Registrar Tesoriero. Such mediation is to take place, if possible, before 31 May 2008.
2.The settlement of index of the appeal book scheduled for 28 April 2008 be vacated.
3.The matter be stood over to 20 June 2008 at 3:15 pm for directions.
4.Liberty to restore on 3 days’ notice.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 397 OF 2008
BETWEEN:
THEODOROS ALEXAKIS
AppellantAND:
SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE:
ALLSOP J
DATE:
24 APRIL 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter, the appellant did not appear today. The matter was called three times outside and there was no appearance. Ms Nanson appeared for the respondent. The first application or request on behalf of the respondent was that the matter be dismissed for want of appearance. In all the circumstances, I do not think that is appropriate today. The appellant has an address in Waterloo, Sydney. It may be that the rain today has caused him some problems in transport.
Ms Nanson then suggested, very sensibly if I may say so, that I should order the matter to mediation. I had considered that this morning. I think it is an appropriate course. The notice of appeal is less than pellucid in relation to the issues sought to be raised. The mediation should be intended as a mechanism to assess whether the case can be resolved, or alternatively, as a mechanism whereby the issues that Mr Alexakis wishes to litigate can be clearly and helpfully illuminated.
Therefore, I refer the matter under s 53A of the Federal Court of Australia Act 1976 (Cth) to Deputy District Registrar Tesoriero for mediation. Deputy District Registrar Tesoriero should convene a pre‑mediation meeting as soon as possible with the parties to formulate the best approach to undertaking the mediation. It will be a matter for his experience and judgment as to how he does that. If I may, at this point, make a suggestion: that the parties approach the mediation on the basis both of an attempt to settle the matter and also on the basis that if the matter cannot be settled, the mediation could be used as a case management conference to more clearly identify the issues for resolution by the Court.
To the extent that the mediation is brought to an end and a case management conference is commenced, it may be that delegation of power is required for the making of orders for the case management conference. To the extent that that is required, the order for mediation that I propose to make can be taken to have encompassed within it any necessary delegation power to the Deputy District Registrar in relation to the conduct of any case management conference consequent upon the mediation.
The orders that I make are as follows:
1.The court refers matter number NSD397/2008 to mediation before Deputy Registrar Tesoriero. Pursuant to section 53A of the Federal Court of Australia Act 1976 (Cth), the matter be referred to mediation before Deputy District Registrar Tesoriero. Such mediation is to take place, if possible, before 31 May 2008.
2.The settlement of index of the appeal book scheduled for 28 April 2008 be vacated.
3.The matter be stood over to 20 June 2008 at 3:15 pm for directions.
4.Liberty to restore on 3 days’ notice.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. Associate:
Dated: 28 April 2008
Counsel for the Appellant: The appellant did not appear Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 24 April 2008 Date of Judgment: 24 April 2008
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