Stanley v QBE Insurance (Australia) Ltd

Stanley (the applicant) sought leave to appeal against a decision of the Federal Court of Australia (Full Court) which had dismissed his application for an order to set aside a notice of assessment of costs issued by QBE Insurance (Australia) Ltd (the respondent). The dispute arose from an earlier proceeding where Stanley had sought to bring a claim under the *Industrial Relations Act 1988* (Cth), which was ultimately dismissed.

The primary legal issues before the Full Court were whether Stanley had provided an adequate explanation for his failure to attend a directions hearing in the original proceedings, and whether his initiating application had sufficient prospects of success to warrant granting him leave to appeal. The Full Court was required to consider the principles governing the grant of leave to appeal, particularly in circumstances where the applicant had failed to comply with court orders.

Emmett J, delivering the judgment of the Full Court, found that Stanley's explanation for his non-attendance at the directions hearing was inadequate. His Honour noted that Stanley had not provided any evidence to support his claims of being unwell or experiencing difficulties with his legal representation. Furthermore, Emmett J concluded that the original application lacked sufficient prospects of success, as it was based on a misunderstanding of the relevant legislation. Consequently, the Full Court determined that it was not in the interests of justice to grant leave to appeal.

The Full Court ordered that the application for leave to appeal be dismissed.