Fair Work Ombudsman v Peers
[2022] FedCFamC2G 349
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Fair Work Ombudsman v Peers [2022] FedCFamC2G 349
File number(s): BRG 5 of 2022 Judgment of: JUDGE EGAN Date of judgment: 12 April 2022 Catchwords: PRACTICE AND PROCEDURE – default judgment entered by reason of the failure on the part of the respondent to comply with orders of the court – where no clearly articulated submissions made as to why a declaration and other orders ought to be made – adjournment of hearing for appropriate submissions to be made. Legislation: Federal Circuit and Family Court of Australia (General Federal Law) Rules 2021 (Cth) rr. 13.05(2)(c),
13.04(2)(b) (i), (ii) and (iii)
Division: Division 2 General Federal Law Number of paragraphs: 6 Date of last submission/s: 10 May 2022 Date of hearing: 10 May 2022 Place: Brisbane Solicitor for the Applicant: Fair Work Ombudsman Respondent: No Appearance ORDERS
BRG 5 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: MATTHEW PHILLIP PEERS
Respondent
ORDER MADE BY:
JUDGE EGAN
DATE OF ORDER:
10 MAY 2022
IT IS ORDERED THAT:
1.Default judgement be entered in favour of the Applicant against the Respondent pursuant to rule 13.05(2)(c) of the Federal Circuit and Family Court of Australia (General Federal Law) Rules 2021 (Cth) (Rules) by reason of the default of the Respondent, pursuant to rule 13.04(2) of the Rules, by their failure to comply with the Orders of the Court made on 3 March 2022.
2.The Application in a Case be otherwise adjourned for hearing to 9:45am AEST on 26 September 2022.
3.The Applicant file and serve submissions in support of the declarations and orders sought within the Application on or before 4:00pm on 24 June 2022.
4.A copy of today’s order be served upon the respondent by sending the order forthwith to the email address as set out in 2(a)(i) of the orders of 3 March 2022.
5.A Copy of any further affidavit material, and any written submissions, filed on behalf of the Applicant, be filed and served as addressed in 2(a)(i) of the orders of 3 March 2022, by 4:00pm on 29 July 2022.
6.Each party have liberty to apply on the giving of two (2) days’ notice, each to the other.
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
Judge Egan
Introduction
The application in a case before the Court is one where default judgment is sought against the respondent pursuant to the provisions of rule 13.05(2)(c) of the Federal Circuit and Family Court of Australia (Division 2) General Law Rules 2021.
The submission made by Ms Maloney on behalf of the applicant was that the relevant default for the purposes of rule 13.04(2)(b) (i), (ii) and (iii) of the Rules was that the respondent had failed to comply with an order of the Court made on 3 March 2022. That order relevantly required the applicant to effect service of the originating application and statement of claim upon the respondent, and for the respondent thereafter to file and serve a notice of address for service and a response and defence to the statement of Claim.
The respondent has failed to comply with the order of the Court made on 3 March 2022 and, accordingly, is in default.
Ms Maloney on behalf of the applicant has sought that orders be made as per the application in a case filed on 28 April 2022.
The Court is not minded to make the declaration sought, or the other orders sought in the application in a case until clearly articulated submissions are filed setting out the basis, or bases, upon which it is submitted that the Court ought to make the declaration or those orders.
Accordingly, the application in a case is further adjourned for hearing to 9.45 am on 26 September 2022.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 11 May 2022
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