Walker v Fedex Express Australia Pty Ltd [2024] FCA 1095

Federal Court of Australia Walker v Fedex Express Australia Pty Ltd [2024] FCA 1095 Appeal from: Walker v Fedex Express Australia Pty Ltd (No 2) [2023] FedCFamC2G 160

File number(s):

Judgment of: COLLIER J

Date of judgment: 19 September 2024

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – appeal of interlocutory decision of primary Judge to dismiss proceedings – failure to prosecute with due diligence – matter abandoned – applicant walked out of court – opportunity to provide written submissions objecting to summary dismissal provided by case management orders of primary Judge – discretionary decision of primary Judge – principle in House v The King – whether procedural unfairness in dismissal decision – litigant in person – whether email "suspending" matter constituted application for stay of proceedings – whether duty to inform applicant of potential to appeal or apply for stay enlivened – accusation of bias – earlier refusal of primary Judge to recuse herself for alleged bias – principle that judges should not abdicate judicial function by recusal at simple request of party – whether procedural unfairness because dismissal application determined on papers

Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 340, 342 Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 192(4) Federal Court of Australia Act 1976 (Cth) ss 24(1), 24(1A), 24(1AA) Legislation: National Anti-Corruption Commission Act 2022 (Cth) Safety Rehabilitation and Compensation Act 1988 (Cth) Work Health and Safety Act 2011 (Cth) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.04, 13.05, 13.06 Occupational Health and Safety Act 2004 (Vic) Wage Theft Act 2020 (Vic)