Stanley v QBE Insurance (Australia) Ltd

[2014] FCCA 449

FEDERAL CIRCUIT COURT OF AUSTRALIA

STANLEY v QBE INSURANCE (AUSTRALIA) LTD [2014] FCCA 449

Catchwords:
INDUSTRIAL LAW – PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled first court date hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation: 

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

Applicant: SHARN STANLEY

Respondent: QBE INSURANCE (AUSTRALIA) LTD

File Number: SYG 2814 of 2013

Judgment of: Judge Emmett

Hearing date: 7 March 2014

Date of Last Submission: 7 March 2014

Delivered at: Sydney

Delivered on: 7 March 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitor for the Respondent:

Ms A. Nomura (Minter Ellison)

(Amicus curiae)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2814 of 2013

SHARN STANLEY

Applicant

And

QBE INSURANCE (AUSTRALIA) LTD

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. This is an application that was filed on 13 November 2013 and set down for a first court date today at 12 pm on that occasion.  I note there is no appearance by or on behalf of the applicant. 

2. While there has been no appearance entered on behalf of the respondent, a solicitor, Ms Ayako Nomura from Minter Ellison, informed the Court that there has been no service of the initiating Application or Form 5, which were filed on 13 November 2013. Ms Namura informed the Court that Minter Ellison regularly acted for the Respondent and the Respondent had become aware of the proceeding. I note that there has been no Affidavit of Service filed in respect of the Application and Form 5 that were filed on 13 November 2013.

3. The application and Form 5 appear to be signed by the applicant. The Notice of Filing and Hearing clearly states the time and date of today’s directions hearing. The matter is identified as being in the Sydney Registry of the Federal Circuit Court of Australia. The applicant has had since 13 November 2013 to inform herself as to the location where her matter is to be heard. In any event, once electronically filed, the court and hearing information is readily available on the Commonwealth Courts Portal.

4. It is now 12.30pm.  The matter has been called outside as recently as five minutes ago. There is no appearance by the applicant and no communication has been received from the applicant seeking an adjournment of today’s hearing, or for any other reason.

5. In the circumstances, the matter should be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s scheduled first court date.

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

Associate: 

Date:         27 March 2014