Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Luck v University of Southern Queensland (No 4) [2011] FCA 433 Citation: Luck v University of Southern Queensland (No 4) [2011] FCA 433
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: 21 April 2011
Catchwords: PRACTICE AND PROCEDURE – dismissal of application for want of prosecution
Legislation: Federal Court of Australia Act 1976 (Cth) ss 35A(1), 37M and 37N Federal Court Rules O 35A r 2(1) r 3(1)
Cases cited: Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Luck v University of Southern Queensland (No. 3) [2010] FCA 1402 Welsh v Digilin Proprietary Limited [2008] FCAFC 149
Date of hearing: 21 April 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: The applicant did not appear
Solicitor for the Respondent: Ms P Mitchell of 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: 21 APRIL 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's notice of motion of 5 February 2010 be dismissed. 2. The applicant pay the respondent's costs of and incidental to the notice of motion. 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.
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