Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Paone v Wilhelmsen Manufacturing Australia Pty Ltd [2012] FCA 287 Citation: Paone v Wilhelmsen Manufacturing Australia Pty Ltd [2012] FCA 287
Parties: ANTHONY JOHN PAONE v WILHELMSEN MANUFACTURING AUSTRALIA PTY LTD ABN 43 062 659 198
File number: VID 1321 of 2011
Judge: BROMBERG J
Date of judgment: 23 March 2012
Catchwords: PRACTICE AND PROCEDURE – whether extension of time to comply with orders of the Court should be granted for reason of ill health
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M and 37N
Date of hearing: Heard on the papers
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: The Applicant is self-represented
Solicitor for the Respondent: Mr M Waring of McCarthy Ausgroup Lawyers Pty Ltd
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 1321 of 2011
BETWEEN: ANTHONY JOHN PAONE
Applicant
AND: WILHELMSEN MANUFACTURING AUSTRALIA PTY LTD ABN 43 062 659 198
Respondent
JUDGE: BROMBERG J DATE OF ORDER: 23 MARCH 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The date for compliance with each of orders 2, 3 and 4 made on 3 February 2012 be extended by 90 days. 2. Orders 5, 6 and 7 made on 3 February 2012 be vacated. 3. If the applicant seeks any further variation to the dates for compliance of orders 2 or 4 made on 3 February 2012 by reason of his illness, the applicant shall 7 days prior to the relevant date for compliance, file and serve an interlocutory application seeking the variation, accompanied by an affidavit from the applicant's treating doctor which addresses the basis for the applicant's medical incapacity to meet the orders made by the Court and a prognosis as to when the applicant will be able to comply with those orders. 4. The proceeding be referred for mediation before a Registrar of the Court on a date to be fixed after 21 June 2012. 5. Should the proceeding not be resolved at mediation, the matter be referred to a scheduling conference on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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