Zhang v Secretary, Department of Employment [2018] FCA 200

Zhang v Secretary, Department of Employment [2018] FCA 200

The application was dismissed for default because the applicant failed to take any active steps since commencing the proceeding, failed to attend directions hearings, and made no contact with the first respondent, thereby failing to prosecute the proceeding with due diligence as required by Federal Court Rules 2011 (Cth) rr 5.22 and 5.23.

Jurisdiction
Australia
Judgment Date
21 February 2018
Procedural Posture
Application for Extension of Time to Appeal Tribunal Decision / Dismissal for Default
Outcome
Proceeding dismissed for default
Legal Topics
['extension of Time' 'dismissal for Default' 'failure to Prosecute' 'attendance at Hearings']
['administrative Law' 'practice and Procedure'] ['extension of Time' 'dismissal for Default' 'failure to Prosecute' 'attendance at Hearings']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal Tribunal Decision / Dismissal for Default

Legal Issues

  1. 1 ['Should the proceeding be dismissed for default pursuant to rule 5.23 of the Federal Court Rules 2011 (Cth)?' 'Has the applicant failed to attend hearings and prosecute the proceeding with due diligence?']

Ratio Decidendi

The application was dismissed for default because the applicant failed to take any active steps since commencing the proceeding, failed to attend directions hearings, and made no contact with the first respondent, thereby failing to prosecute the proceeding with due diligence as required by Federal Court Rules 2011 (Cth) rr 5.22 and 5.23.

Court Disposition

Proceeding dismissed for default

Orders

  • ['The matter be dismissed in whole for default pursuant to rule 5.23 of the Federal Court Rules 2011 (Cth).' "The applicant is to pay the respondent's costs as agreed or assessed."]