Kennedy v Qantas Ground Services Pty Ltd (No 3)

The matter before the court involved a plaintiff, Kennedy, and the defendant, Qantas Ground Services Pty Ltd. The dispute arose out of an alleged personal injury sustained by the plaintiff. The case was heard in the Federal Circuit and Family Court of Australia. The defendants sought an order to compel the plaintiff to either seek leave to appeal out of time or comply with previous orders. The plaintiff had previously been a self-represented litigant but had recently engaged solicitors. Despite being granted additional time to file a complying statement of claim, the plaintiff had failed to do so.

The legal issues before the court centred on whether the plaintiff should be compelled to comply with the previous orders or be granted leave to appeal out of time. The court had to consider the plaintiff's history of non-compliance, the recent engagement of solicitors, and the necessity for adherence to procedural rules. The court acknowledged the plaintiff's recent engagement of solicitors but emphasised the importance of compliance with court orders. The court noted that the plaintiff had been granted additional time but had not taken advantage of it.

In its reasoning, the court determined that while it was appropriate to grant additional time to the plaintiff's new solicitors, the plaintiff must still comply with the previous orders. The court concluded that if the plaintiff did not file an application for leave to appeal out of time by 19 September 2024, they must comply with the previous orders by 26 September 2024. The court scheduled a directions hearing for 8 October 2024 and reserved the costs of the application for a later date.