Mathews v MacDonnell

[2011] FCA 825

FEDERAL COURT OF AUSTRALIA

Mathews v MacDonnell [2011] FCA 825

Citation:		Mathews v MacDonnell [2011] FCA 825
Parties:		RUSSELL GORDON HAIG MATHEWS v JANE MACDONNELL, JIM WALSH and SOCIAL SECURITY APPEALS TRIBUNAL
File number:		QUD 108 of 2011
Judge:		LOGAN J
Date of judgment:		15 July 2011
Catchwords:		PRACTICE AND PROCEDURE – application for default judgment – where failed to appear at directions and interlocutory hearings – where applicant claims his is disabled – where applicant has not filed any affidavits or other evidence of his disability – applicant unwilling to prosecute proceedings by appearance in usual way – applicant has not shown any special circumstances to justify a trial being conducted by telephone – default judgment given in favour of respondents
Legislation:		Australian Human Rights Commission Act 1986 (Cth) Federal Court Rules (Cth) O 35A r 3
Date of hearing:	15 July 2011
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	12
Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondents:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 108 of 2011

BETWEEN:

RUSSELL GORDON HAIG MATHEWS
Applicant

AND:

JANE MACDONNELL
First Respondent

JIM WALSH
Second Respondent

SOCIAL SECURITY APPEALS TRIBUNAL
Third Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	15 JULY 2011
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application, being that made by claim under the Australian Human Rights Commission Act 1986 (Cth), be dismissed.

2.The applicant pay the first respondent’s costs of and incidental to the proceeding to be taxed if not agreed.  

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 108 of 2011

BETWEEN:

RUSSELL GORDON HAIG MATHEWS
Applicant

AND:

JANE MACDONNELL
First Respondent

JIM WALSH
Second Respondent

SOCIAL SECURITY APPEALS TRIBUNAL
Third Respondent

JUDGE:	LOGAN J
DATE:	15 JULY 2011
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. Mr Russell Gordon Haig Mathews (Mr Mathews) filed on 20 May 2011 a claim, under the Australian Human Rights Commission Act 1986 (Cth), alleging unlawful discrimination. He signified on the face of the claim that he was acting on his own behalf. At item (6) in the claim and in response to the question, “Do you have any special requirements? Please give details of any special requirements (eg wheelchair access, hearing loop, presence of personal assistant or carer), to enable this matter to proceed in Court”, he made the following response:

   I am disabled with multiple disabilities.  I have severe brain damage I have a hyper extended right thumb, and since I am right handed, this gives me a writing disability; almost a writing impossibility.  I can barely hold a pen, and my handwriting, if that is an accurate term for it, is illegible.  I also have bilateral long biceps tenosynovitis which is aggravated by lifting and carrying so giving…