Bellou v Victoria University (No 5) [2022] FCA 1408

Federal Court of Australia

Bellou v Victoria University (No 5) [2022] FCA 1408 File number: VID 1053 of 2017

Judgment of: SNADEN J

Date of judgment: 24 November 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to vacate pending trial – where applicant relies on medical incapacity – whether medical evidence sufficient to demonstrate incapacity to prosecute proceeding – where multiple trial dates previously vacated – orders made

Cases cited: Bellou v Victoria University [2019] FCA 812 Bellou v Victoria University (No 3) [2019] FCA 940

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 16

Date of hearing: Determined on the papers

Counsel for the Applicant: The applicant was self-represented

Counsel for the Respondent: Mr N A T Harrington

Solicitor for the Respondent: DLA Piper

ORDERS VID 1053 of 2017

BETWEEN: THEA BELLOU Applicant

AND: VICTORIA UNIVERSITY Respondent

order made by: SNADEN J DATE OF ORDER: 24 NOVEMBER 2022

THE COURT ORDERS THAT:

1. Order 8 of the orders made herein on 31 March 2022 be vacated. 2. The hearing of the trial herein (currently set for 5-9 December 2022) be vacated. 3. The matter be listed for trial to commence on Monday, 6 March 2023 on an estimate of five days. 4. By 4.00pm on Monday, 27 February 2023, the parties file: (a) a joint list of legislation and authorities to be relied upon at the hearing; and (b) provide the Court, by email to the chambers of the Honourable Justice Snaden, with a download link, with electronic copies of each authority, in text-recognised and enhanced PDF format, titled with the full case name and citation. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.