Obel v Central Desert Regional Council (No 2) [2023] FCA 152

Federal Court of Australia

Obel v Central Desert Regional Council (No 2) [2023] FCA 152 File number(s): NTD 1 of 2022

Judgment of: CHARLESWORTH J

Date of judgment: 16 February 2023

Date of publication of reasons: 28 February 2023

Catchwords: PRACTICE AND PROCEDURE – dismissal of adjournment application in circumstances where a self-represented litigant has previously been provided with guidance as to the sufficiency of evidence required in support – dismissal of amendment application occasioned by applicant making no submissions in support – whether applicant should be required to pay the respondent's costs in circumstances where s 570 of the Fair Work Act 2009 (Cth) is assumed to apply.

Legislation: Fair Work Act 2009 (Cth) s 340, s 370, s 570 Federal Court of Australia Act 1976 (Cth) s 32AB Federal Court Rules 2011 (Cth) r 8.23

Cases cited: Obel v Central Desert Regional Council [2022] FCA 1355

Division: Fair Work Division

Registry: Northern Territory

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 21

Date of hearing: 16 February 2023

Counsel for the Applicant: Applicant appeared in person

Counsel for the Respondent: Ms K Stewart

Solicitor for the Respondent: Ruth Morley Legal Services

ORDERS NTD 1 of 2022

BETWEEN: DENNIS OBEL Applicant

AND: CENTRAL DESERT REGIONAL COUNCIL Respondent

order made by: CHARLESWORTH J DATE OF ORDER: 16 February 2023

THE COURT ORDERS THAT:

1. The applicant's application for an adjournment of the hearing on 16 February 2023 is dismissed. 2. The applicant's interlocutory application lodged on 20 December 2022 and accepted for filing on 3 January 2023 is dismissed. 3. The respondent has leave to file and serve the amended defence in the form marked MFIR1 on 8 November 2022 on or before 5:00pm (ACDT) on 17 February 2023. 4. The matter be referred to mediation pursuant to r 28.02 of the Federal Court Rules 2011 (Cth) such mediation to be conducted by a Registrar of the Court at the earliest time practicable. 5. The Registrar of the Court may make orders varying the orders made by this Court. 6. The date and time in paragraph 9 of the orders made on 8 November 2022 is varied to 9:30am (ACST) on 28 April 2023. 7. The applicant pay the costs of and incidental to the interlocutory application accepted for filing on 3 January 2023, such costs to be agreed or assessed. 8. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.