WHITTAKER v BAUME
[2010] FMCA 850
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WHITTAKER v BAUME | [2010] FMCA 850 |
| HUMAN RIGHTS – Non-appearance by the parties – whether application should be dismissed. |
| Federal Magistrates Court Rules, r.13.03C |
| Applicant: | JOANNE WHITTAKER |
| Respondent: | ROBERT BAUME |
| File Number: | SYG2872 of 2009 |
| Judgment of: | Barnes FM |
| Hearing date: | 28 October 2010 |
| Delivered at: | Sydney |
| Delivered on: | 28 October 2010 |
REPRESENTATION
| Solicitors for the Applicant: | No appearance |
| Solicitors for the Respondent: | No appearance |
ORDERS
There being no appearance by either party the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2872 of 2009
| JOANNE WHITTAKER |
Applicant
and
| ROBERT BAUME |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application before the court in relation to alleged disability discrimination. The matter has been before the court on a number of occasions. Mediation was conducted by a registrar of this court on 25 August 2010 and 15 September 2010. The report of listing for the latter date notes that the matter had settled but that the parties were to enter into consent orders when a deed was executed. The parties were advised that the matter was listed for directions at 9.30 am on 14 October 2010.
As at 14 October 2010 no consent orders had been filed. The parties are legally represented. Neither party appeared on that day. Nor did they or their solicitors contact the court.
Rather than dismissing the matter for non-appearance on 14 October 2010 I adjourned the matter to today, 28 October 2010, and noted that if there was no appearance by either party the matter may be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules.
It is regrettable that there has been no appearance for either party today and there is no evidence of any contact by the solicitors for either party with the court to advise as to the present status of this matter.
In these circumstances I consider it appropriate to dismiss the matter pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 3 November 2010
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