NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Cavanagh v City of Parramatta Council [2024] NSWIRComm 1036 Hearing dates: 7 June 2024 Date of orders: 7 June 2024 Decision date: 13 June 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: The proceeding are dismissed pursuant to r 12.7(1) of the Uniform Civil Procedure Rules on the basis that they have not been prosecuted with due despatch. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission —Unfair dismissal – Practice and procedure – Failure of applicant to comply with directions – Notice of Motion to dismiss the proceedings for failure to prosecute the proceedings with due despatch – No adequate explanation provided for defaults – Applicant failed to appear on hearing of the motion – Proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 91 Industrial Relations Act 1996 (NSW), s 84 Uniform Civil Procedure Rules 2005 (NSW), rr 12.3, 12.7(1) Cases Cited: Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Kabir v Department of Family & Community Services [2016] NSWIRComm 1009 Poore v Commissioner of Police New South Wales Police Force [2022] NSWIRComm 1079 Category: Procedural rulings Parties: Tracy Cavanagh (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: I Mann, Local Government NSW (Respondent) File Number(s): 2024/00075330 Publication restriction: Nil
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