HOLMES v Coon

[2016] FCCA 3128

FEDERAL CIRCUIT COURT OF AUSTRALIA

HOLMES & ANOR v COON [2016] FCCA 3128

Catchwords:
INDUSTRIAL LAW – No appearance – application of r.13.03C(1)(c) – application dismissed.

Legislation:

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

First Applicant:  NATHAN HOLMES

Second Applicant SARAH MCINTYRE

Respondent: ALAN COON
ATF AT COON & SONS FAMILY TRUST

File Number: SYG 3488 of 2015

Judgment of: Judge Street

Hearing date: 5 December 2016

Date of Last Submission: 5 December 2016

Delivered at: Sydney

Delivered on: 5 December 2016

REPRESENTATION

Solicitors for the Applicant:

Ms B Akers

Legal Aid Commission of NSW

Solicitors for the Respondent: 

Mr N Wilson

Wilsons Solicitors Pty Ltd

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3488 of 2015

NATHAN HOLMES

First Applicant

SARAH MCINTYRE

Second Applicant

And

ALAN COON
ATF AT COON & SONS FAMILY TRUST

Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing today, albeit the Court had been informed that the parties have reached settlement in principle. There has been no attendance by either party before the Court and no communication to the Court explaining why there has been no appearance. The matter was called at 10:00am. It is now past 10:20 am and there is still no explanation for the absence of both parties. 

2. Whilst the Court will endeavour to assist the parties in encouraging resolution, it is not appropriate for the parties not to appear before the Court without a prior notification to the Court and a communication from the Court that the Court is content for the matter to be dealt with in chambers. Legal practitioners should appear on hearing dates or direction dates on time in relation to proceedings in the Court. 

3. Where a deliberate decision has been made not to attend, the proceedings might not be reinstated where they are dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  I am satisfied that both parties were aware of the listing of the matter today. There is no satisfactory explanation for the absence of any appearance or any communication for the matter to be dealt with by consent in chambers.

4. In these circumstances, I am satisfied that it is appropriate to exercise the Court’s powers under r.13.03(C)(1)(c) of the Federal Circuit Court Rules 2001. The proceedings are dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 25 January 2017