Hyde v Burgess trading as Noble Cleaning Services

In the Federal Circuit Court of Australia, Judge Obradovic heard an application by Rachel Christian Hyde (the applicant) to vary a judgment previously entered against Matthew Burgess trading as Noble Cleaning Services (the respondent) on 5 February 2021 for $35,859.32, payable within six months. The applicant sought to vary this judgment to allow for payment in equal monthly instalments commencing from the original judgment date.

The court was required to determine whether it possessed the legal power to vary a final judgment that had already been entered, particularly in light of the grounds advanced by the applicant concerning alleged non-payment of superannuation, annual leave, and notice periods by the respondent. The applicant's submissions detailed a history of alleged non-compliance by the respondent with employment entitlements.

Judge Obradovic reasoned that the applicant had failed to identify the specific legal power under which the court could vary a final judgment. The court noted the well-established principle of the finality of litigation, citing *Wentworth v Woollahra Municipal Council*, which dictates that judgments will only be reopened in extremely rare circumstances, typically where a party has not been heard due to accident or without fault. Furthermore, the court examined Rule 16.05 of the Federal Circuit Court Rules 2001 (Cth), which outlines the conditions under which a judgment or order may be varied or set aside after entry. The court found that none of the specific conditions listed in Rule 16.05(2) were met, other than potentially Rule 16.05(2)(f), which requires the consent of the party in whose favour the judgment was made. As the respondent did not appear and did not consent to the variation, and given that the original orders were made by consent of both parties and were final, the court concluded that it lacked the power to grant the requested variation.

Consequently, the application filed by the applicant on 12 February 2021 was dismissed.