Printed by authority of the Commonwealth Government Printer
Parties
Applicant/Plaintiff:
David Gardner
Respondent/Defendant:
NSW Health [2025] FWC 3622
Legislation Cited (1)
Work Act 2009
Cases Cited (2)
David Gardner v NSW Health [2025] FWC 3622 (27 November 2025)
[6]Section 587 allows the Commission to dismiss an application on the Commission's own initiative in the early stages of the proceedings for want of prosecution. If an applicant's conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia[2013] FWCFB 2532 at [39]).