Federal Court of Australia
Federal Court of Australia
Bellou v Victoria University (No 7) [2023] FCA 208 File number: VID 1053 of 2017
Judgment of: SNADEN J
Date of judgment: 9 March 2023
Date of publication of reasons: 10 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for dismissal of proceeding due to absence of applicant at trial – interlocutory application by applicant for vacation of trial due to health reasons – where vacation granted on two prior occasions – where recent attempt to vacate not granted – where applicant's claim imprecisely pleaded – where vacation would visit further delay and prejudice respondent – where proceeding commenced over five years prior – application granted
Legislation: Fair Work Act 2009 (Cth) Pt 3-1, ss 341, 343, 361(1), 570 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 30.21
Cases cited: Australian Building and Construction Commissioner v Hall (2018) 261 FCR 347 Bellou v Victoria University [2018] FCA 1794 Bellou v Victoria University (No 3) [2019] FCA 940 Bellou v Victoria University (No 4) [2022] FCA 305 Bellou v Victoria University (No 5) [2022] FCA 1408 Bellou v Victoria University (No 6) [2023] FCA 183 Donoghue v Commissioner of Taxation (No 2) [2017] FCA 1241
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 24
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