where Appellant absent when appeal called on for hearing before Full Court
Appeal dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).
Quick Take
1Under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), where an appellant is absent when an appeal is called on for hearing, the court may dismiss the appeal on the opposing party's application, provided the appellant had adequate notice of the hearing date and the consequences of non-attendance.
2A dismissal under r 36.75(1)(a)(i) is not a determination on the merits; the absent party retains an entitlement under r 36.75(2) to apply to set aside the dismissal order, with success depending on factors including an acceptable explanation for non-attendance and the strength of the case on appeal (Prashar v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 197).
