[8] On 13 January 2026, my Chambers advised the parties by email that as Mr Wakeford had failed to file materials in accordance with the Directions or respond to Chambers' correspondence of 19 December 2025, the hearing scheduled for 28 January 2026 would not proceed and would instead be replaced with a hearing via Microsoft Teams for the Commission to consider whether it should dismiss the application pursuant to s.587 of the FW Act.

[9] Mr Wakeford did not respond to the email and did not appear at the hearing listed on 28 January 2026.

[10] Section 587 of the FW Act provides as follows:

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospect of success

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3-2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773, or an application under section 527F that does not consist solely of an application for a stop sexual harassment order, on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(a) on its own initiative; or

(b) on application.

[11] The terms of s.587(1) make it clear that the circumstances that the Commission may dismiss an application are not limited to those set out in s.587(1)(a)-(c).

[12] I am satisfied that the Commission has taken reasonable and appropriate steps to notify Mr Wakeford of the filing deadlines, the scheduled hearing, and the consequences of failing to comply with the Directions. Despite these efforts, Mr Wakeford failed to file the required material, did not respond to multiple attempts by my Chambers to communicate with him, and did not appear at the dismissal hearing. I am satisfied that Mr Wakeford has indicated by his inaction that he no longer wishes to pursue the application.

[13] In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the FW Act.

No appearances from the Applicant or the Respondent

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