Finch v Heat Group Pty Ltd (No 2) [2015] FCA 88

FEDERAL COURT OF AUSTRALIA

Finch v Heat Group Pty Ltd (No 2) [2015] FCA 88 Citation: Finch v Heat Group Pty Ltd (No 2) [2015] FCA 88

Parties: JO-ANNE FINCH v THE HEAT GROUP PTY LTD (ACN 092 941 430), GILLIAN FRANKLIN, PETER KADLECIK, ADAM WHITE, JOHN SIMCOCKS and DARREN SCOTTI

File number: VID 704 of 2012

Judge: JESSUP J

Date of judgment: 5 February 2015

Legislation: Federal Court Rules 2011 (Cth) rr 1.4 and 5.23

Date of hearing: 5 February 2015

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 9

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondents: M Felman

Solicitor for the Respondents: Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 704 of 2012

BETWEEN: JO-ANNE FINCH

Applicant

AND: THE HEAT GROUP PTY LTD (ACN 092 941 430)

First Respondent

GILLIAN FRANKLIN

Second Respondent

PETER KADLECIK

Third Respondent

ADAM WHITE

Fourth Respondent

JOHN SIMCOCKS

Fifth Respondent

DARREN SCOTTI

Sixth Respondent

JUDGE: JESSUP J DATE OF ORDER: 5 FEBRUARY 2015 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Subject to the following orders, the further conduct of this proceeding be stayed until further order of the Court. 2. Any application by the applicant for the lifting of the said stay be filed by 4:00 pm on 2 March 2015, be returnable at 9:30 am on 5 March 2015 and be supported by a certificate of a medical practitioner: (a) stating that, notwithstanding the statement of Dr Byron Rigby dated 8 March 2014, the applicant is able, without risk to her health and without risk of the consequences of participation in court proceedings referred to by Dr Rigby: (i) to provide her solicitor and counsel with instructions sufficient for them, on her behalf, to conduct a case in court involving the allegations set out in her Further Amended Statement of Claim filed on 7 October 2014; and (ii) should it be necessary, to represent herself in the conduct of that case; and (b) stating his or her opinion as to the mental state of the applicant on 5 February 2015 and whether, on that day, she was in a condition to represent herself in court. 3. If the said stay has not been lifted by 5 March 2015, subject to any further order made on proper cause demonstrated, this proceeding stands dismissed pursuant to rules 1.40(a) and 5.23(1)(b) of the Federal Court Rules 2011 (Cth). 4. The further hearing of the respondents' interlocutory application filed on 28 November 2014 be adjourned to a date to be fixed. 5. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.