Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 3) [2020] FCA 1210

FEDERAL COURT OF AUSTRALIA

Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 3) [2020] FCA 1210 File number: SAD 338 of 2017

Judge: CHARLESWORTH J

Date of judgment: 21 August 2020

Catchwords: PRACTICE AND PROCEDURE – application by respondents for dismissal of proceedings pursuant to r 5.23(b)(i) the Federal Court Rules 2011 (Cth) or s 37P(5) of the Federal Court of Australia Act 1976 (Cth) – where the applicant is in default within the meaning of r 5.22 of the Rules – where applicant failed to file lay affidavits within ordered timeframe – where applicant failed to prosecute the proceeding with due diligence – where applicant failed to make a timely application to vary orders progressing the matter to trial – where applicant failed to apply for variation of the trial dates –where applicant's default caused the trial dates to be vacated – where applicant has provided no satisfactory explanation for its default – applicant's conduct having the effect of delaying the progress of the matter to trial in circumstances where orders for delay could not have been secured on the merits –whether the overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) would be "best promoted" by the dismissal of the originating application – originating application dismissed PRACTICE AND PROCEDURE – application by corporate applicant for dispensation with the requirement in r 4.01(2) of the Federal Court Rules 2011 (Cth) – corporate applicant seeking to be represented in the proceedings by its managing director – where applicant previously terminated the retainer of four successive lawyers in the proceedings – consideration of factors relevant to the exercise of the discretion to dispense with the usual rule – whether respondents' applications for dismissal should be assessed on the assumption that the corporate applicant would be represented by a lawyer in the event that the proceedings were to remain on foot