Edelman v Goodspanner Pty Ltd

[2015] FCCA 3135

FEDERAL CIRCUIT COURT OF AUSTRALIA

EDELMAN v GOODSPANNER PTY LTD [2015] FCCA 3135

Catchwords:
INDUSTRIAL LAW – Application listed pursuant to r.13.12(1) of the Federal Circuit Court Rules 2001 (Cth) – no appearance by parties – application dismissed.

Legislation:

Federal Circuit Court Rules 2000 (Cth), r.13.12

Fair Work Act 2009 (Cth)

Applicant: CURTIS JOHN EDELMAN

Respondent: GOODSPANNER PTY LTD
(ACN 117 648 996)

File Number: SYG 230 of 2014

Judgment of: Judge Nicholls

Hearing date: 25 March 2015

Date of Last Submission: 25 March 2015

Delivered at: Sydney

Delivered on: 25 March 2015

REPRESENTATION

Applicant: No Appearance

Respondent: No Appearance

ORDERS

1. The application made on 3 February 2014 is dismissed pursuant to Rule 13.12(1) of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 230 of 2014

CURTIS JOHN EDELMAN

Applicant

And

GOODSPANNER PTY LTD (ACN 117 648 996)

Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised From Transcript)

1. I have before me today an application made on 3 February 2014 pursuant to the Fair Work Act 2009 (Cth).

2. The matter was first set down for directions on 19 February 2019. Both parties appeared in person. The matter was adjourned as the parties indicated before the Court that some settlement had been “tacitly” agreed to. The parties were granted liberty to apply for further directions on three clear days’ notice.

3. The matter was ultimately set down for further directions on 25 March 2015, utilising the mechanism at r.13.12 of the Federal Circuit Court Rules 2001 (Cth) (“the FCC Rules”). There was no appearance by either party at the Court event.

4. I am satisfied that the parties were reasonably notified of the Court event today.  When the matter was called at 9.40am there was no appearance by, or on behalf of, either of the parties. 

5. I have regard to the failure of either party to attend Court today, having regard to the Court file, and the absence of any conduct by either of the parties to either prosecute or respond to the application. I note that no action has been taken for at least a period of six months in this matter. 

6. I have regard to r.13.12 of the FCC Rules and am of the view that these proceedings are dormant. There is no future listing for the proceeding, or part of the proceeding. There is no application in a case pending in these proceedings. Nor am I otherwise aware of any attempt to argue that the proceedings should not be dismissed.

7. Notice has been given to the parties of the time and place when the Court would consider making the order in the appropriate form (see r.13.12(4) of the FCC Rules). I have regard to communication from the Court dated 3 July 2014 to the only party who has filed an address for service in this matter, and that is the applicant. No communication has been received from either party to the Court, or the Court’s Registry, about this listing or otherwise.

8. In these circumstances it is appropriate to dismiss the application pursuant to r.13.12 of the FCC Rules. I will make that order.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date:  30 November 2015