Chahal v The Trustee for Fiaz Trust TAs IGA Shoalwater
[2025] FedCFamC2G 1253
•1 August 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Chahal v The Trustee for Fiaz Trust TAs IGA Shoalwater [2025] FedCFamC2G 1253
File number: PEG 77 of 2025 Judgment of: JUDGE LADHAMS Date of judgment: 1 August 2025 Catchwords: PRACTICE AND PROCEDURE – Where the applicant failed to appear at a listing before the Court – application dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth). Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.06, 17.05 Division: Division 2 General Federal Law Number of paragraphs: 12 Date of hearing: 1 August 2025 Place: Perth Applicant: No appearance by or for the applicant Counsel for the Respondents: Ms A Lyons Solicitor for the Respondents: Master Grocers Australia Limited ORDERS
PEG 77 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: DEEPAK CHAHAL
Applicant
AND: THE TRUSTEE FOR FIAZ TRUST T/A IGA SHOALWATER
First Respondent
HASSAN WAQAR
Second Respondent
ORDER MADE BY:
JUDGE LADHAMS
DATE OF ORDER:
1 AUGUST 2025
THE COURT ORDERS THAT:
1.The proceeding is dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (GFL Rules).
THE COURT NOTES THAT:
A.In circumstances where this Order was made in the absence of the applicant, the applicant may apply for the Order to be set aside pursuant to r 17.05(2)(a) of the GFL Rules.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
(Delivered ex tempore and revised from the transcript)JUDGE LADHAMS:
The application before the Court is an application in the Fair Work Division that was filed by the applicant on 18 February 2025. The matter is listed before the Court today for a directions hearing and there has been no appearance by or for the applicant at this directions hearing. The respondents seek an order that the application be dismissed for non-appearance pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (GFL Rules).
It is appropriate to set out some of the history of the matter, as this is not the first non-appearance by the applicant, and the applicant has also failed to comply with Court orders.
The proceedings were commenced by way of an Application – Fair Work Division, which was filed with a Form 2 – Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection. The application and Form 2 were both filed on 18 February 2025, and they first came before the Court for a first court date on 22 April 2025.
The Form 2 filed by the applicant lacks sufficient detail to meaningfully put the respondents on notice of the case they need to meet. When the matter was before the Court on 22 April 2025, one of the orders I made was for the applicant to file and serve an amended Form 2 by 4:30 pm on 20 May 2025. The applicant failed to comply with that order.
The matter was next listed for directions before the Court on 1 July 2025. The applicant had requested, by way of an email sent to my chambers, an adjournment of that directions hearing on medical grounds, but he did not provide medical evidence, and was told that he would need to provide medical evidence before such an adjournment would be granted.
The directions hearing proceeded on 1 July 2025, but there was no appearance by or for the applicant. The respondent sought dismissal based on the applicant’s non-compliance with the Court’s orders. On that occasion, I did not dismiss the application either for non-appearance or for non-compliance with the Court’s orders, in part because there was nothing before the Court to suggest that the applicant had been put on notice of the possibility that his application may be dismissed if he did not comply with Court orders or if he failed to appear at a directions hearing.
In the absence of the applicant, I made an order that extended the time for the applicant to file his amended Form 2 to 15 July 2025. The new date for compliance was almost two months beyond the original date for compliance of 20 May 2025. I listed the matter for a further directions hearing on 1 August 2025 and I put the applicant on notice through notations in the Order that:
(a)if he fails to comply with the order requiring him to file the amended Form 2, his application could be stayed or dismissed pursuant to r 13.05 of the GFL Rules; and
(b)if he fails to appear at the directions hearing listed in this matter, his application may be dismissed pursuant to r 13.06(1)(c) of the GFL Rules.
A copy of that Order was sent to the parties on 2 July 2025. The applicant did not file an amended Form 2 as required by the Order that I made on 1 July 2025.
The applicant sent an email to my associate on 30 July 2025 at 6:33 pm requesting more time to file his Form 2, because he needs legal assistance and he has not been able to get it and needs time to seek Legal Aid. In response, the applicant was advised that the Court would hear submissions from the parties at the directions hearing on 1 August 2025 about the filing of the amended Form 2 and the steps taken to get legal assistance. The applicant was reminded in that email that if he did not appear at the directions hearing, his application to the Court may be dismissed. The applicant has not appeared at the directions hearing today.
I am satisfied from a review of the correspondence on the Court file, including the email that my associate sent to the parties on 2 July 2025, a reminder email that was sent on 25 July 2025 and the email correspondence on 30 July and 31 July 2025, that the applicant has been properly notified of the listing for directions today. There is nothing before me today to indicate that the applicant has an adequate explanation for his failure to appear. In circumstances where the applicant was properly notified of the directions hearing today, and without any apparent reasonable explanation he has failed to appear at the directions hearing, I am satisfied that it is appropriate to dismiss the application for non-appearance.
This is particularly so when this is the second time the applicant has failed to appear at a directions hearing and where the applicant has been put on notice of the potential consequences of failing to appear. I am also concerned by the applicant’s failure to comply with Court orders.
I would further note that in circumstances where the Court is making orders to dismiss the application in the absence of the applicant, the applicant may apply to the Court for orders to be set aside, pursuant to r 17.05(2)(a) of the GFL Rules. If the Court were to make such an order, that would have the effect of reinstating the application.
I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Ladhams. Associate:
Dated: 13 August 2025
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