Kondratenko v City Clinic

[2014] FCCA 1275

FEDERAL CIRCUIT COURT OF AUSTRALIA

KONDRATENKO v CITY CLINIC [2014] FCCA 1275

Catchwords:
INDUSTRIAL LAW – PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Fair Work Act 2009 (Cth)
Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: ALINA KONDRATENKO

Respondent: CITY CLINIC

File Number: SYG 1321 of 2014

Judgment of: Judge Emmett

Hearing date: 17 June 2014

Date of Last Submission: 16 May 2014

Delivered at: Sydney

Delivered on: 17 June 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

No appearance by or on behalf of the respondent.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1321 of 2014

ALINA KONDRATENKO

Applicant

And

CITY CLINIC

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The applicant seeks orders pursuant to the Fair Work Act 2009 (Cth) in this Court’s Fair Work Division in the Small Claims list for unpaid wages and the Court filing fee in an amount totalling $2336.61. The application appears to be signed by the applicant and dated 15 May 2014.

2. The initiating application and Form 5 in support were filed on 16 May 2014. The application is clearly marked for a first court date today at 2 pm. The location of the courtroom is clearly stamped on the face of the application. It is now 2.55pm. The matter has been called outside on at least two occasions, the most recent being less than five minutes ago.

3. There has been no communication received by the Court from the applicant seeking an adjournment for today’s hearing or for any other reason. I further note that there has been no affidavit of service filed by the applicant in respect of service upon the respondent of her initiating documents.

4. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and for whatever reason has chosen not to attend.

5. Accordingly, the proceeding before this Court commenced by way of application filed on 16 May 2014 should be dismissed pursuant to r.1303C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date:  3 July 2014