Bruce and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application for dismissal under section 42A(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) in the matter of *Bruce and Comcare (Compensation)*. The applicant, Bruce, had failed to appear at multiple scheduled hearings and had expressed an intention to withdraw their application for compensation. Furthermore, the applicant had not communicated with the Tribunal regarding their intentions or reasons for non-attendance. Comcare, the respondent, sought the dismissal of the application.

The primary legal issue before the Tribunal was whether it should dismiss the applicant's compensation claim due to their persistent failure to attend hearings and lack of communication, as permitted by section 42A(2) of the *Administrative Appeals Tribunal Act 1975*. This section allows the Tribunal to dismiss an application if the applicant fails to comply with directions or fails to appear at a hearing, unless there is a sufficient reason for the failure.

Deputy President Rayment Oam Qc P reasoned that the applicant's repeated non-attendance at hearings, coupled with their stated intention to withdraw and subsequent failure to engage with the Tribunal, demonstrated a clear lack of intention to pursue the claim. The Tribunal considered that the applicant had been afforded ample opportunity to present their case and had failed to do so. The principles applied centred on the Tribunal's power to manage its own proceedings and ensure that applications are prosecuted diligently.

The Tribunal ordered that the applicant's application for compensation be dismissed.