Luck v University of Southern Queensland (No 4)

The applicant, Ms Luck, filed a notice of motion seeking review of decisions made by the Registrars of the Court regarding her costs in two proceedings. The Registrars had refused to grant her extensions of time and other orders relating to the taxation of costs. Ms Luck had also made applications for removal of these proceedings to the High Court, which were pending at the time of the first directions hearing in this matter. The Court granted several adjournments to Ms Luck due to her medical condition, but noted a lack of progress in her High Court applications. The respondent, University of Southern Queensland, ultimately sought consent orders to set a timetable for the completion of procedural steps and to require strict compliance with that timetable.

The Court had to decide whether the applicant's repeated requests for adjournments were justified and whether the applications should be dismissed for want of prosecution. The Court also needed to consider the respondent's proposal for consent orders to manage the progression of the proceedings.

The Court found that Ms Luck's repeated requests for adjournments were not justified, particularly given the lack of progress in her High Court applications. The Court noted that Ms Luck had been provided with ample opportunity to progress her case but had failed to do so. The Court held that the applications should be dismissed for want of prosecution and that the respondent was entitled to costs. The Court found that the respondent's proposal for consent orders was reasonable and in the interests of justice.

The Court dismissed the applicant's notice of motion and ordered that the applicant pay the respondent's costs of and incidental to the notice of motion. The Court also noted that the respondent could seek the consent orders proposed if the applicant did not consent to them.