Rising v Hospitals Contribution Fund of Australia Ltd
[2025] FedCFamC2G 1605
•30 September 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Rising v Hospitals Contribution Fund of Australia Ltd [2025] FedCFamC2G 1605
File number(s): PEG 414 of 2025 Judgment of: JUDGE STREET Date of judgment: 30 September 2025 Catchwords: FAIR WORK – applicant has failed to appear – appropriate to exercise the Court’s powers under r 5.10 of the rules to dismiss the applicant's proceedings – proceedings dismissed Legislation: Federal Circuit and Family Court of Australia (General Federal Law) Rules 2025 Division: Division 2 General Federal Law Number of paragraphs: 4 Date of hearing: 30 September 2025 Place: Perth For the Applicant: The Applicant did not appear Solicitor for the Respondent: Mr A Goonrey of Pinsent Masons ORDERS
PEG 414 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: TRACEY-ANNE KATHLEEN RISING
Applicant
AND: THE HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LTD
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
30 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.The proceedings are dismissed under rule 5.10 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE STREET
These are Fair Work proceedings that were commenced originally in the Federal Court of Australia on 6 January 2025. An order for transfer to the Federal Circuit and Family Court of Australia (Division 2) was made on 5 September 2025. An order had been made for the filing of a statement of claim on 21 May 2025, which has not to date been complied with and gave rise to an application filed on 5 May 2025 for summary dismissal. The matter was the subject of an order before this Court made on 15 September 2025, fixing the matter for hearing today.
There have been tendered into evidence, notifications sent to the applicant in respect of the hearing date today. The applicant has failed to appear. The Court has also endeavoured on three occasions to contact the applicant by the applicant's mobile, unsuccessfully. The respondent has moved to have the proceedings dismissed under r 5.10 of the Federal Circuit and Family Court of Australia (General Federal Law) Rules 2025 (“the rules”) on the grounds that there is default in terms of attending the hearing under re 5.08 of the rules. The Court is satisfied that there was a deliberate failure by the applicant to attend the hearing today and that this is a matter in which, because of that deliberate defiance, it is appropriate to exercise the Court’s powers under r 5.10 of the rules to dismiss the applicant's proceedings.
The Court has taken into account the tenor of the communications from the applicant that reflect a deliberate decision not to comply with the Court's orders. In these circumstances, as a matter of discretion, the Court is satisfied that this is the type of case where the Court should exercise its discretion under r 5.10 of the rules to dismiss the application. It is not appropriate for the respondent to be subjected to the continuation of proceedings in which the applicant disregards or fails to comply with Court orders on what appear to be deliberate grounds without any proper explanation.
It is for these reasons the Court makes the above order.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Street. Associate:
Dated: 9 October 2025
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