Lu v University of New South Wales

Lu brought an application against the University of New South Wales in the Federal Circuit and Family Court of Australia. The applicant alleged unlawful conduct by the University in relation to her employment. The primary issue was whether the Court should make a self-executing order providing for the dismissal of the proceeding if the applicant did not comply with the Court's order to file and serve the notice of termination with two attachments by a particular date and time. The Court was required to determine whether the applicant had in fact filed the notice of termination with the two attachments, and whether the Court had been misled by the applicant's correspondence and conduct.

The Court found that the applicant had not filed the notice of termination as received from the Commission, including the two attachments, and had not sought to file the relevant attachment to the notice. The Court found that the applicant had been in default of the Court's order since 21 April 2022 and had not been frank with the Court. The Court found that the applicant's correspondence with the Court and her interactions at each of the case management hearings had been high-handed, disrespectful and intemperate. The Court found that the applicant had consistently displayed disdain for the Court's orders, directions and processes. The Court found that the applicant had doggedly maintained, without any apparent basis, that Bartier Perry was not authorised to receive correspondence or otherwise act on the University's behalf. The Court found that the applicant had made baseless assertions about the University's contract of retainer with Bartier Perry.

The Court made a self-executing order providing for the dismissal of the proceeding if the applicant did not file and serve the notice of termination dated 8 November 2018 as received from the Australian Human Rights Commission, including Attachments A and B to that notice, by 5pm on 23 May 2022. The Court ordered that if the applicant did not comply with the order, the originating application be dismissed with an order that the applicant pay the respondent's costs.