MARK GILBEY v Australian Security Group Pty Ltd
[2012] FMCA 1105
•19 November 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MARK GILBEY v AUSTRALIAN SECURITY GROUP PTY LTD | [2012] FMCA 1105 |
| INDUSTRIAL LAW – Fair Work small claims – failure to comply with directions – no appearance by the applicant – application dismissed. |
| Federal Magistrates Court Rules (Cth) r13.03C(1) |
| Applicant: | MARK GILBEY |
| Respondent: | AUSTRALIAN SECURITY GROUP PTY LTD |
| File Number: | SYG 1866 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 19 November 2012 |
| Date of Last Submission: | 19 November 2012 |
| Delivered at: | Sydney |
| Delivered on: | 19 November 2012 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| No appearance by or on behalf of the Respondent |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1866 of 2012
| MARK GILBEY |
Applicant
And
| AUSTRALIAN SECURITY GROUP PTY LTD |
Respondent
REASONS FOR JUDGMENT
The applicant filed an application in the Fair Work Division of this Court on 28 August 2012 seeking various orders by way of a form 5 filed on the same date against the respondent.
At the time the application was filed on 28 August 2012, the matter was set down before me for a first return date on 18 September 2012 at 10:00 am.
On 18 September 2012 the applicant appeared before me and directions were made that the applicant serve on the respondent a copy of the application and form 5 filed on 28 August 2012 together with a copy of the order made by the Court on 18 September 2012. The applicant was ordered to file and serve an affidavit of service by 2 November 2012 and the matter was stood over for further directions on 19 November 2012 at 11:00am.
There has been no document filed by the applicant in compliance with those orders or otherwise.
It is now 11.40 am. The matter has been called outside and there is no appearance for the applicant. There has been no communication received by the Court from the applicant seeking an adjournment or for any other reason.
In the circumstances, I am satisfied that the applicant was aware of today’s scheduled directions hearing and for whatever reasons has chosen not to attend. In the circumstances, the proceeding before this court commenced by way of application filed on 28 August 2012 should be dismissed pursuant to rule 13.03C(1) of the Federal Magistrates Court Rules by reason of the failure of the applicant to appear at today’s scheduled directions hearing.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 22 November 2012
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