Bruce and Comcare (Compensation)

[2020] AATA 4695

Bruce and Comcare (Compensation) [2020] AATA 4695 (23 November 2020)

Division:GENERAL DIVISION

File Number(s):      2018/0035

Re:Vanessa Bruce

APPLICANT

AndComcare

RESPONDENT

DECISION

Tribunal:Deputy President B W Rayment OAM QC

Date:23 November 2020

Place:Sydney

Pursuant to section 42A(2) of the Administrative Appeals Tribunal Act 1975, the Tribunal dismisses the application.

....................................[sgd]....................................

Deputy President B W Rayment OAM QC

CATCHWORDS

PRACTICE AND PROCEDURE – compensation – application for dismissal under section 42A(2) of the Administrative Appeals Tribunal Act 1975 – where applicant failed to appear on multiple occasions – where applicant expressed intention to withdraw – where applicant failed to communicate with the Tribunal – application dismissed

LEGISLATION

Administrative Appeals Tribunal Act 1975 (Cth) s 42A

REASONS FOR DECISION

Deputy President B W Rayment OAM QC

23 November 2020

1. The respondent applies for these proceedings to be dismissed under s 42A of the Administrative Appeals Tribunal Act 1975 (‘the Act’).

2. There have been several directions hearings in the matter at which the applicant failed to appear, including on 17 February 2020, and an interlocutory hearing on 19 August 2020. The applicant indicated by email that she was too unwell to appear, shortly before the time fixed for the hearings.

3. On 3 November 2020, arrangements had been made with the applicant’s treating psychiatrist, Dr Gynther, to attend a telephone directions hearing with the applicant to make further directions. Dr Gynther was able to be contacted by telephone, but the applicant was not. Dr Gynther informed the Tribunal that the applicant had emailed him to say that she was turning her telephone off, and that she did not wish to proceed with the matter.

4. My associate wrote an email to the applicant indicating that if she wished to withdraw the application, she could do so by communicating with the tribunal in writing. That course is required by s 42A(1A) of the Act. The applicant was informed by my associate that the Tribunal directed her to do so within 7 days.

5. The applicant having failed to communicate with the Tribunal within 7 days, the respondent applied for the application to be dismissed under s 42A(2) of the Act.

6. It is appropriate to make that order in the circumstances. The proceedings will therefore be dismissed.

I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment OAM QC

....................................[sgd]....................................

Associate

Dated: 23 November 2020

Date(s) of hearing:	On the papers
Applicant:	Self-represented
Solicitors for the Respondent:	Mr B O'Brien, Moray & Agnew Lawyers