Wilkinson v Healthscope Operations Pty Ltd (No.2)

In *Wilkinson v Healthscope Operations Pty Ltd (No.2)*, Dowdy J of the Federal Circuit Court of Australia considered an application brought by the applicant against Healthscope Operations Pty Ltd and other respondents. The matter came before the Court for a further second scheduled directions hearing, at which the applicant failed to appear. The respondents sought dismissal of the application and orders for costs.

The primary legal issue before the Court was whether the applicant's failure to appear at the scheduled directions hearing warranted the dismissal of her application. A related issue was the entitlement of the respondents to an order for costs against the applicant.

Dowdy J determined that the applicant's presence was necessary for her to present her case to the Court. Applying Rule 13.03C(1)(c) of the *Federal Circuit Court Rules 2001* (Cth), which permits dismissal for the absence of an applicant, the Court dismissed the application. Furthermore, pursuant to section 570 of the *Fair Work Act 2009* (Cth), which grants the Court a broad discretion to award costs in proceedings under the Act, the Court made orders for costs in favour of the respondents.