MAHMOOD v Fisher Security Services Pty Ltd

[2014] FCCA 3193

FEDERAL CIRCUIT COURT OF AUSTRALIA

MAHMOOD v FISHER SECURITY SERVICES PTY LTD [2014] FCCA 3193

Catchwords:
INDUSTRIAL LAW – Application under s.548 of the Fair Work Act 2009 (Cth) – application listed pursuant to r.13.12 of the Federal Circuit Court Rules 2001 (Cth) ‑ no appearance by the parties – application dismissed.

Legislation:

Fair Work Act 2009 (Cth), s.548

Federal Circuit Court Rules 2001 (Cth), r.13.12

Applicant: NASIR MAHMOOD

Respondent: FISHER SECURITY SERVICES PTY LTD T/A BPF GLOBAL SECURITY

File Number: SYG 2095 of 2013

Judgment of: Judge Nicholls

Hearing date: 13 August 2014

Date of Last Submission: 13 August 2014

Delivered at: Sydney

Delivered on: 13 August 2014

REPRESENTATION

Applicant: No Appearance

Respondent: No Appearance

ORDERS

1. The application made on 6 September 2013 is dismissed pursuant to Rule 13.12(1) of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2095 of 2013

NASIR MAHMOOD

Applicant

And

FISHER SECURITY SERVICES PTY LTD T/A BPF GLOBAL SECURITY

Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. This is an application made on 6 September 2013 under the Fair Work Act 2009 (Cth). I note from the Court’s file that the applicant has taken no steps in these proceedings for at least six months.

2. I have regard to r.13.12 of the Federal Circuit Court Rules 2001 (Cth) (“the FCC Rules”), and on the Court’s own initiative I am proposing to make the order that the application be dismissed.

3. The respondent filed a formal response on 2 October 2013. Nothing further has been filed by the respondent since 2 October 2013. Nothing further has been filed by the applicant, and nor has there been any appearance by the applicant since the last Court event on 27 November 2013. On that occasion certain orders were made for the future conduct of the case. [I note that on that occasion the matter was referred for mediation. Correspondence on the Court file indicates that the matter settled at that mediation, however, as stated above, no further action was taken by either party.]

4. I note, in particular, in relation to today’s Court event, a letter dated 3 July 2014 from the Court to both parties, sent in the appropriate form, putting them on notice that the Court would contemplate making the order pursuant to r.13.12 of the FCC Rules dismissing the application.

5. Today there has been no appearance by either party, nor has there been, to my knowledge, any communication with the Court’s Registry explaining the non-appearance. In any event, I am satisfied that no step has been taken in the last six months. I note the matters as set out at r.13.12(2) of the FCC Rules, and I am satisfied that I should proceed to make the order. I will make the order accordingly.

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

Associate: 

Date:  9 November 2015