Zhao v GHD Pty Ltd [2026] FCA 1412

PRACTICE AND PROCEDURE – where the applicant commenced proceedings against the respondents in the Fair Work Commission (FWC) for breach of general protections in relation to conduct that allegedly occurred between March 2021 and January 2022 – where the applicant commenced proceedings in this Court seeking, among other things, civil penalties – where the applicant has not complied with orders to file or serve a statement of claim, evidence or submissions – whether the originating application should be dismissed on the ground that the applicant is “in default” pursuant to s 37P(5) and (6) of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) or r 5.23(1)(b) of the Federal Court Rules 2011 (Cth) – whether there is an inability or unwillingness to bring a proceeding to trial within an acceptable period – where there is no clear evidence in relation to the ability of the applicant to prosecute the proceeding nor the trajectory of the applicant’s medical conditions purportedly causing the incapacity to participate in the proceeding – whether dismissal of the proceeding is consistent with the “overarching purpose” (expressed in s 37M(1) of the FCA Act) – whether it would be prejudicial to the respondents, in particular the individual respondents, to hold a trial in relation to conduct that occurred over five years ago