Colefax v New South Wales Department of Education and Communities

[2014] FCCA 1040

FEDERAL CIRCUIT COURT OF AUSTRALIA

COLEFAX v NEW SOUTH WALES DEPARTMENT OF EDUCATION AND COMMUNITIES [2014] FCCA 1040

Catchwords:
INDUSTRIAL LAW

PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant or respondent at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation: 
Federal Circuit Court Rules 2001 (Cth) r.13.03C

Applicant: MARGARITTE JOANNE COLEFAX

Respondent: NEW SOUTH WALES DEPARTMENT OF EDUCATION AND COMMUNITIES

File Number: SYG 638 of 2013

Judgment of: Judge Emmett

Hearing date: 21 May 2014

Date of Last Submission: 14 March 2014

Delivered at: Sydney

Delivered on: 21 May 2014

REPRESENTATION

No appearance by or on behalf of the applicant

No appearance by or on behalf of the respondent

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 638 of 2013

MARGARITTE JOANNE COLEFAX

Applicant

And

NEW SOUTH WALES DEPARTMENT OF EDUCATION AND COMMUNITIES

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The proceeding before this Court, commenced by way of application filed on 28 March 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) by reason of the failure of the applicant and the respondent to attend today’s scheduled hearing.

2. On 14 March 2014, the matter was before me for directions. At that time, I ordered that the matter was to be referred to mediation to be conducted by a Registrar of this Court.

3. The mediation was expected to be completed by 16 May 2014. The matter was relisted for today for further directions, should the mediation fail to resolve the matter.

4. It is now 10:58am. The matter has been called on at least two occasions this morning, the last being less than five minutes ago. There has been no appearance by or on behalf of either the applicant or the respondent. There has been no communication received from the applicant or the respondent by this Court seeking a further adjournment of today’s scheduled directions hearing or for any other reason.

5. In the circumstances I am satisfied that the applicant and the respondent are both aware of today’s scheduled hearing and for whatever reason have chosen not to attend.

6. Accordingly, the proceeding before this Court, commenced by way of application filed on 28 March 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the applicant’s and respondent’s failure to appear at today’s scheduled hearing.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate: 

Date: 21 May 2014