Federal Court of Australia
Federal Court of Australia
Cavar v Australian Unity Home Care Services Pty Ltd [2024] FCA 609 File number: NSD 426 of 2023
Judgment of: KENNETT J
Date of judgment: 6 June 2024
Date of delivery of reasons: 7 June 2024
Catchwords: PRACTICE AND PROCEDURE – summary dismissal – where proceeding alleges substantially same case as earlier proceeding settled by deed of release – where deed of release contains binding promise not to pursue claims in this proceeding PRACTICE AND PROCEDURE – where applicant disrupted hearing of interlocutory application – where applicant left hearing during respondent's submissions, expressing intention to appeal – where Court proceeded in applicant's absence pursuant to r 17.04(b) of the Federal Court Rules 2011 (Cth)
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) ss 18, 31 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 31A Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.06, 17.05 Federal Court Rules 2011 (Cth) rr 17.04, 26.01
Cases cited: Burge v Commonwealth Bank of Australia (No 3) [2017] FCA 383 Cavar v Australian Unity Home Care Services Pty Ltd [2023] FCA 387 Cavar v Australian Unity Home Care Services (No 4) [2022] FedCFamC2G 824 Cavar v Australian Unity Home Care Services (No 5) [2022] FedCFamC2G 1051 Tomlinson v Ramsay Food Processing Pty Ltd [2015] HCA 28; 256 CLR 507
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