FEDERAL COURT OF AUSTRALIA Luck v University of Southern Queensland (No 3) [2010] FCA 1402 Citation: Luck v University of Southern Queensland (No 3) [2010] FCA 1402 Parties: GAYE LUCK v UNIVERSITY OF SOUTHERN QUEENSLAND File number(s): VID 476 of 2008 VID 899 of 2008 Judge: BROMBERG J Date of judgment: 8 December 2010 Date of hearing: 8 December 2010 Place: Melbourne Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 7 Counsel for the Applicant: Applicant did not appear Counsel for the Respondent: Ms P Mitchell Solicitor for the Respondent: Clayton Utz IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 476 of 2008 BETWEEN: GAYE LUCK Applicant AND: UNIVERSITY OF SOUTHERN QUEENSLAND Respondent JUDGE: BROMBERG J DATE OF ORDER: 8 DECEMBER 2010 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The applicant file and serve by 1 March 2011 written submissions and any further affidavits upon which she intends to rely in support of her notice of motion dated 5 February 2010. 2. The respondent file and serve by 22 March 2011 written submissions and any affidavits upon which it intends to rely in response to the applicant's notice of motion dated 5 February 2010. 3. The matter be listed for hearing on 31 March 2011. 4. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 899 of 2008 BETWEEN: GAYE LUCK Applicant AND: UNIVERSITY OF SOUTHERN QUEENSLAND Respondent JUDGE: BROMBERG J DATE OF ORDER: 8 DECEMBER 2010 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The applicant file and serve by 1 March 2011 written submissions and any further affidavits upon which she intends to rely in support of her notice of motion dated 5 February 2010. 2. The respondent file and serve by 22 March 2011 written submissions and any affidavits upon which it intends to rely in response to the applicant's notice of motion dated 5 February 2010. 3. The matter be listed for hearing on 31 March 2011. 4. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 476 of 2008 VID 899 of 2008 BETWEEN: GAYE LUCK Applicant AND: UNIVERSITY OF SOUTHERN QUEENSLAND Respondent JUDGE: BROMBERG J DATE: 8 DECEMBER 2010 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 In each of the matters before me, the applicant Ms Luck has made application by notices of motion dated 5 February 2010. Those applications seek that various orders made by Deputy Registrars of this Court be set aside, and other consequential relief. Ms Luck's applications have been listed for directions on 9 March, 25 June and 1 October 2010 and were again listed for directions today. 2 Ms Luck has made application to the High Court of Australia for each of these applications to be removed to that court. On the prior occasions in which the matter was dealt with by this Court, adjournments and/or a stay had been sought by Ms Luck of her applications, pending the determination of the applications in the High Court. I have not been willing to grant a stay, but I have granted a number of adjournments. Some of those adjournments have occurred with the consent of the respondent and have occurred where Ms Luck sought adjournments because she was not well. 3 The Court received a copy of a letter from Ms Luck dated 19 November 2010, in which Ms Luck once again sought a stay or an adjournment of her matters. Ms Luck again identified her health as an issue and provided a certificate from a Dr Leow. That certificate states that Ms Luck requires a further period of recovery of two months from the date of the certificate, being 17 November 2010. I have taken that matter into account. However, in the face of opposition to any further adjournment, other than on a basis which addresses the matter progressing to hearing, I am not willing accede to Ms Luck's application that the matter simply be stayed or adjourned sine die. 4 There is no evidence before me that Ms Luck has progressed her applications in the High Court. I have been informed by Ms Mitchell, appearing for the first respondent, that the first respondent's inquiries suggest that the matters in the High Court have not been progressed and that no summaries of arguments have been filed in circumstances where those summaries should have been filed by 9 April 2010. 5 What I propose to do is make directions for the exchange of submissions and any further evidence, and list the matters for hearing on 31 March 2011. 6 As I have indicated to Ms Mitchell, should an application in proper form be made to set aside the orders that I will make today, and should such an application be made before 1 March 2011, I will list and hear such application. I give liberty for Ms Luck to make such an application within the parameters I have indicated. 7 Accordingly, I will make orders for the exchange of submissions and further affidavits, and for the application in each matter to be listed for hearing on 31 March 2011 and that costs be reserved. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bromberg. Associate: Dated: 8 December 2010