Murphy v Australian Shark and Ray Centres Victoria Pty Ltd [2014] FCA 790

FEDERAL COURT OF AUSTRALIA

Murphy v Australian Shark and Ray Centres Victoria Pty Ltd [2014] FCA 790 Citation: Murphy v Australian Shark and Ray Centres Victoria Pty Ltd [2014] FCA 790

Parties: TENILLE MURPHY v AUSTRALIAN SHARK AND RAY CENTRES VICTORIA PTY LTD

File number: VID 87 of 2014

Judge: MORTIMER J

Date of judgment: 29 July 2014

Catchwords: PRACTICE AND PROCEDURE – Application for dispensation from compliance with r 4.01(2) of the Federal Court Rules 2011 (Cth) – principles relevant to exercise of discretion – limited dispensation granted.

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 4.01(2)

Cases cited: Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241

Date of hearing: Heard on the papers

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 14

Solicitor for the Applicant: McDonald Murholme Barristers & Solicitors

Solicitor for the Respondent: The Respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA MELBOURNE DISTRICT REGISTRY FAIR WORK DIVISION VID 87 of 2014

BETWEEN: TENILLE MURPHY

Applicant

AND: AUSTRALIAN SHARK AND RAY CENTRES VICTORIA PTY LTD

Respondent

JUDGE: MORTIMER J DATE OF ORDER: 29 JUly 2014 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to r 1.34 of the Federal Court Rules 2011 (Cth), limited dispensation is granted to the respondent from compliance with r 4.01(2), so that its Director, Mr Andrew Tindale, may act on behalf of and appear in this matter for the respondent until the hearing and conclusion of the further mediation ordered by the Court on 25 July 2014. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.