O'BRIEN v Glenidle Pty Ltd

[2015] FCCA 3438

FEDERAL CIRCUIT COURT OF AUSTRALIA

O'BRIEN v GLENIDLE PTY LTD [2015] FCCA 3438

Catchwords:
INDUSTRIAL LAW – No appearance by the parties – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Fair Work Act 2009, s.566

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: MICHAEL WILLIAM O'BRIEN

Respondent: GLENIDLE PTY LTD

File Number: SYG 1863 of 2015

Judgment of: Judge Street

Hearing date: 21 December 2015

Date of Last Submission: 21 December 2015

Delivered at: Sydney

Delivered on: 21 December 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

No appearance by or on behalf of the Respondent

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1863 of 2015

MICHAEL WILLIAM O'BRIEN

Applicant

And

GLENIDLE PTY LTD

Respondent

REASONS FOR JUDGMENT

1. This is a matter within the Court’s jurisdiction under s.566 of the Fair Work Act 2009.  The matter was referred to mediation at the request of the parties and was listed for further directions on 6 November 2015.  When the matter was called on 6 November 2015 there was no appearance by either party.  Notwithstanding the failure of the parties to appear on that occasion, in light of the fact that the matter had been referred to mediation, the Court adjourned the matter to 21 December 2015.  A copy of the directions as to the adjourned date was sent to the legal representatives of both parties, together with permission to appear, if they wished, by telephone.

2. On 24 November 2015, a Registrar of the Court noted that a mediation was held with the assistance of the Court and that the mediation had now successfully concluded. My associate contacted the applicant’s solicitor on 17 December 2015 to confirm that the matter remained listed for directions and that no notice of discontinuance had been filed. My associate was informed by the applicant’s solicitor that the matter had settled and that the applicant intended to file a notice of discontinuance. I am satisfied that the legal representatives for the parties were aware that the matter was listed today for directions. I am satisfied in the circumstances that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  The application is dismissed.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  21 December 2015