Henkelman v Psychology Council of New South Wales (No 2)

In the case of Henkelman v Psychology Council of New South Wales, the plaintiff, Henkelman, brought proceedings against the Psychology Council of New South Wales. The dispute concerned the defendant's decision to terminate Henkelman's registration as a psychologist. The matter was heard in the Federal Circuit Court of Australia. Henkelman did not appear for the hearing of the defendant's application for dismissal for want of due despatch. The defendant argued that the proceedings should be dismissed as the plaintiff had not made any effort to prosecute the case within a reasonable time.

The court had to determine whether the plaintiff's failure to appear at the hearing constituted a lack of due despatch, warranting the dismissal of the proceedings. The court considered the plaintiff's conduct throughout the proceedings, including their failure to comply with orders and respond to correspondence from the court and the defendant. The court found that the plaintiff had not demonstrated a reasonable excuse for their non-appearance and had not taken any steps to prosecute the case in a timely manner. The court concluded that the proceedings should be dismissed for want of due despatch.

The court granted the defendant's application and dismissed the plaintiff's proceedings. The court noted that the plaintiff had been given ample opportunity to prosecute the case and had failed to do so. The dismissal was without prejudice to the plaintiff's right to recommence the proceedings if they wished to do so. The court emphasised the importance of parties taking their litigation seriously and acting promptly to avoid unnecessary delays and costs.