Collins v Fast-Link Communications Brokers and anor [2007] NSWIRComm 49

Collins v Fast-Link Communications Brokers and anor [2007] NSWIRComm 49

Because the applicant's solicitor on the record had been personally informed of the directions hearing, no appearance was made for the applicant, and attempts by the Court to contact the solicitor were unsuccessful, the matter was stood over for seven days and the application would be dismissed under Rule 146(a) if the applicant or her instructing solicitors failed to attend with an appropriate explanation.

Jurisdiction
Australia
Judgment Date
07 March 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996; Unfair Contract / Directions Hearing
Outcome
Matter stood over for further directions, with conditional dismissal if the applicant or her instructing solicitors failed to attend.
Legal Topics
['unfair Contract' 'non Appearance at Directions Hearing' 'dismissal for Want of Attendance']
['industrial Law'] ['unfair Contract' 'non Appearance at Directions Hearing' 'dismissal for Want of Attendance']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996; Unfair Contract / Directions Hearing

Legal Issues

  1. 1 ["Whether the applicant's application should be dismissed if the applicant or her solicitors failed to attend after being informed of the directions hearing." "Whether the matter should be stood over to allow an appropriate explanation for the applicant's non-attendance."]

Ratio Decidendi

Because the applicant's solicitor on the record had been personally informed of the directions hearing, no appearance was made for the applicant, and attempts by the Court to contact the solicitor were unsuccessful, the matter was stood over for seven days and the application would be dismissed under Rule 146(a) if the applicant or her instructing solicitors failed to attend with an appropriate explanation.

Court Disposition

Matter stood over for further directions, with conditional dismissal if the applicant or her instructing solicitors failed to attend.

Orders

  • ['This matter is stood over for further directions hearing until 9.30 am on Wednesday, 14 March 2007.' "If the applicant fails or her instructing solicitors on the record fail to attend on that occasion the applicant's application by way of summons for relief under s 106 will be dismissed under Rule 146(a) of the...