Vasco v Rogers [2014] FCA 278

Vasco v Rogers [2014] FCA 278

Because the appellant's Federal Circuit Court application had been dismissed in his absence, there appeared to be a possible alternative remedy of applying to set aside that judgment; and because no face-to-face mediation had occurred, the Court made case management orders for service, mediation and further...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Appeal From the Federal Circuit Court of Australia Concerning a Fair Work Act 2009 (cth) General Protections Dismissal Claim / Case Management and Further Directions
Outcome
Mediation ordered; matter adjourned for further directions; costs reserved.
Legal Topics
['fair Work Act General Protections Dismissal Claim' 'summary Dismissal for Non Appearance' 'setting Aside Judgment' 'mediation' 'case Management Directions' 'leave to Appeal']
['employment Law' 'civil Procedure' 'appellate Procedure'] ['fair Work Act General Protections Dismissal Claim' 'summary Dismissal for Non Appearance' 'setting Aside Judgment' 'mediation' 'case Management Directions' 'leave to Appeal']

Source-derived case record

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Procedural Posture

Appeal From the Federal Circuit Court of Australia Concerning a Fair Work Act 2009 (cth) General Protections Dismissal Claim / Case Management and Further Directions

Legal Issues

  1. 1 ['Whether the appellant should pursue an alternative remedy in the Federal Circuit Court to set aside the judgment dismissing his application in his absence before taking further steps in the appeal.' 'Whether the parties should be directed to attempt mediation to bring an early resolution to the matter.' 'What procedural directions should be made for service, mediation and further directions.']

Ratio Decidendi

Because the appellant's Federal Circuit Court application had been dismissed in his absence, there appeared to be a possible alternative remedy of applying to set aside that judgment; and because no face-to-face mediation had occurred, the Court made case management orders for service, mediation and further directions rather than determining the appeal.

Court Disposition

Mediation ordered; matter adjourned for further directions; costs reserved.

Orders

  • ["By 4.00 pm on 14 March 2014, the second respondent is to provide to the appellant's pro bono lawyer the last known address of the first respondent." 'Service is to be affected on the first respondent by the appellant, within 7 days of compliance with Order 1, posting to the first respondent at his last known...