Vincent Paul Seamons v Cobblers Lane Cottages [1995] IRCA 506

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 1196 of 1995 B E T W E E N : VINCENT PAUL SEAMONS Applicant AND COBBLERS LANE COTTAGES PTY LTD Respondent Before: Judicial Registrar Staindl Place: Melbourne Date: 12 September 1995 REASONS FOR DECISION (EX-TEMPORE - Revised from draft Transcript) By application filed on 19 January 1995 Vincent Paul Seamons made application to this court in respect to a claim of unlawful termination of his employment with the Respondent, known as Cobblers Lane Cottages Proprietary Limited. In his application the Applicant gave as his address 48 Webster Street, Ballarat, and this was the address to which notices were to be sent. A conciliation conference was arranged on 8 June 1995 and a solicitor from the firm of Ludbrook Harper attended on behalf of the Applicant but the Applicant did not attend the conference. I do not know whether further attempts were made to conciliate the matter but on 2 August 1995 Deputy President Drake issued a certificate in accordance with subsection 170 ED(2) of the Act to the effect that she had been unable to settle the matter by conciliation. In fact on 25 July 1995 the Respondent had filed a Notice of Motion in this Court seeking that the application be struck out. This application is supported by an affidavit of Andrew John Martin affirmed on 28 June 1995. Mr Martin is the Respondent's managing director. By notice dated 7 August 1995 and filed on 9 August 1995 the Applicant's solicitors, Ludbrook Harper, withdrew their appearance. This notice of withdrawal was prior to service of the Notice of Motion on the Applicant to which I now turn. The Notice of Motion and supporting affidavit were served by pre-paid post addressed to the Applicant at 48 Webster Street, Ballarat. This is deposed to in an affidavit of Amie Michelle Dickson, sworn on 16 August 1995, such service occurring on the day following 11 August 1995. When the matter was called on today there was no appearance for the Applicant. Mr Martin appeared for the Respondent and sought that the application be struck out. In the circumstances of this case it seems to me appropriate to so order that the application be struck out and this is the order I intend making. Accordingly, I order that the application of a Vincent Paul Seamons filed 19 January 1995 be struck out. MINUTES OF ORDERS THE COURT ORDERS: 1. The Applicant's application be struck out. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules. I certify that this and the preceding two (2) pages are a true copy of the reasons for judgment of Judicial Registrar Staindl. Associate: Dated: No appearance for Applicant Solicitors for the Respondent: Mr A Martin Counsel for the Respondent: Byrne Jones & Torney Date of hearing: 12 September 1995 Date of judgment: 12 September 1995