Roberts v Nursing and Midwifery Board of Australia [2016] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Nursing and Midwifery Board of Australia [2016] NSWCATOD 129 Hearing dates: 10 October 2016 Date of orders: 10 October 2016 Decision date: 10 October 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member Decision: (1) Ms Robert's application for an indefinite stay of proceedings is declined; (2) The application to appeal is dismissed pursuant to s 55(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW); (3) Costs in favour of the respondent pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Nursing ‒ refusal of registration ‒ recency of practise ‒ application for indefinite stay ‒ failure to file evidence or submissions ‒ failure to appear before the Tribunal on multiple occasions ‒ failure to prosecute proceedings on appeal without explanation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 36; 38; 55(1)(d) Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 175(1)(a); cl 11; cl 13(1) Sch 5D Cases Cited: HCCC v Singh [2016] NSWCATOD 85; Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 ; Stollznow v Calvert [1980] 2 NSWLR 749; Witten v Lombard Australia Ltd (1968) 88 WN (Pt 1) (NSW) 405; Category: Procedural and other rulings Parties: Vonnie Roberts (Applicant) Nursing and Midwifery Board (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)