Stanley v QBE Insurance Ltd

[2014] FCCA 1636

FEDERAL CIRCUIT COURT OF AUSTRALIA

STANLEY v QBE INSURANCE LTD [2014] FCCA 1636

Catchwords:
HUMAN RIGHTS – Alleged sexual harassment – no appearance by the applicant – application dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

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

Applicant: SHARN STANLEY

Respondent: QBE INSURANCE LTD

File Number: SYG 2843 of 2013

Judgment of: Judge Nicholls

Hearing date: 19 March 2014

Date of Last Submission: 19 March 2014

Delivered at: Sydney

Delivered on: 19 March 2014

REPRESENTATION

Applicant: No Appearance

Solicitor for the Respondent: Ms A Nomura

Solicitors for the Respondent: Minter Ellison

ORDERS

1. The application made on 18 November 2013 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. Within ten (10) days of the making of these orders the first respondent’s solicitors write to the applicant by registered post at the address for service notifying the applicant of the orders made today and of Rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2843 of 2013

SHARN STANLEY

Applicant

And

QBE INSURANCE LTD

Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me today an application made on 18 November 2013 by Ms Sharn Stanley (“the applicant”) alleging sexual harassment by various employees of QBE Insurance Ltd (“the respondent”).

2. When the matter was called, there was no appearance by the applicant. I am satisfied on the respondent’s communications with the applicant, as revealed in the bundle of documents before the Court (Respondent’s Exhibit 1), that the applicant has had reasonable notice of the time, date and place of the Court event today. It is now over an hour and a half after the scheduled time of the event.

3. The applicant’s failure to appear remains unexplained to the Court. No request for any further adjournment to my knowledge has been made. 

4. I note that the applicant negotiated an adjournment of four weeks from the original Court date scheduled in this matter at which the respondent appeared. I should also note that there is no evidence before me that the respondent has been served in this matter. The respondent’s submissions from the bar table, and as contained in RE1, was that it had not been served. I acknowledge the courtesy extended by the respondent and its solicitors in their attendance in Court today, even though they have not been served with the proceedings. [I note the attendance is as a result of the respondent’s note of Court Listings].

5. It is appropriate that I grant the respondent’s application and that the matter be dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth). I will make an order accordingly.

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

Associate: 

Date: 24 July 2014