ALLAM v LAWRENCE HALL and Sons Pty Ltd
[2011] FMCA 388
•24 May 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ALLAM v LAWRENCE HALL & SONS PTY LTD | [2011] FMCA 388 |
| INDUSTRIAL LAW – PRACTICE & PROCEDURE – Failure to appear by Applicant at scheduled hearing – dismissal pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Court Rules2001 (Cth), Rule 13.03C(1)(c) |
| Applicant: | MOHAMAD ALLAM |
| Respondent: | LAWRENCE HALL & SONS PTY LTD |
| File Number: | SYG 108 of 2011 |
| Judgment of: | Emmett FM |
| Hearing date: | 24 May 2011 |
| Date of Last Submission: | 24 May 2011 |
| Delivered at: | Sydney |
| Delivered on: | 24 May 2011 |
REPRESENTATION
| No appearance by the Applicant |
| Solicitors for the Respondent: | Mr Powter (Ai Group Legal) |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 108 of 2011
| MOHAMAD ALLAM |
Applicant
And
| LAWRENCE HALL & SONS PTY LTD |
Respondent
EX TEMPORE
REASONS FOR JUDGMENT
On 21 January 2011, the applicant filed an application and Statement of Claim seeking orders pursuant to the Fair Work Act 2009 (Cth) for alleged payments due to the applicant as a result of the applicant’s employment with the respondent.
On 22 February 2011, the parties appeared through their legal representatives at a directions hearing before me at which time, directions were made for the filing of any Defence and the filing of a Reply to any Defence. The matter was then stood over for further directions before me on 24 March 2011. The directions made on 22 February 2011 were duly complied with and the parties were represented at the further directions hearing on 24 March 2011.
On 24 March 2011, the Court made direction for the filing and serving of evidence by the applicant and by the respondent, including evidence in reply. The matter was then stood over for further directions before me today at 10:00am. There has been no compliance with the directions of the Court made on 24 March 2011, and indeed, no documents had been filed by or on behalf of either party since that date.
There has been no appearance by the applicant this morning, nor has there been any communication received either by this Court or by the respondent in relation to this morning’s directions hearing. The matter has been called outside on at least two occasions. It is now shortly after 10:15am. I am satisfied that the applicant was aware of today’s directions hearing and for whatever reason has chosen not to attend.
In the circumstances, pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001 (Cth), the proceeding for this Court commenced by way of application filed on 21 January 2011 should be dismissed with costs. The respondent did not oppose the making of such an order this morning.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Emmett FM
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