Interlocutory summary dismissal application

procedural BOTH interlocutory_summary_dismissal branch: procedure

Synthesis · 1657 tagged cases

1657 tagged decisions (500 as primary). Of primary decisions, the most common outcome is 'dismissed' (369, 74%).

Outcome distribution

Outcome	n	%
Against applicant dismissed	369	74%
Against applicant dismissed_jurisdiction	52	10%
Resolved other	31	6%
Resolved partial	17	3%
Resolved adjourned	15	3%
For applicant granted	8	2%
Resolved (unspecified)	6	1%
Resolved struck_out	1	0%
Resolved allowed	1	0%

By jurisdiction

Court	n
Fair Work Commission	1016
Single Commissioner (WAIRC)	282
Fair Work Commission (Full Bench)	74
Federal Court of Australia	68
Public Service Appeal Board (former)	41
Industrial Magistrates Court	37
Full Bench (WAIRC)	33
Fair Work Australia (former)	16
Commission in Court Session (WAIRC)	13
WA Supreme Court	10
Federal Circuit Court of Australia	10
Industrial Appeal Court	10
High Court of Australia	5
Federal Magistrates Court (former)	5
WA Court of Appeal	5
WASAT	5
Federal Circuit and Family Court (Div 2 General)	4
Australian Industrial Relations Commission (former)	3
NSWIRComm	3
ACTSC	2
?	2
Fair Work Australia (Full Bench, former)	2
Federal Court (Full Court)	2
NSWSC	2
VSC	2
VCAT	1
WA District Court	1
NSWCA	1
NSWADT	1
QSC	1

Key articulated principles · 12

para 16 — from [2011] FWAFB 7498 FWAFB

Section 587(1) provides for the dismissal of a matter where the applicant has failed to prosecute their case without examining the merits.

para 13 — from [2011] FWAFB 7498 FWAFB

Section 587(1) provides for the dismissal of a matter where the applicant has failed to prosecute their case without examining the merits.

para 4 — from [2011] FWAFB 7498 FWAFB

An applicant's failure to prosecute their application can be a ground for dismissal.

para 9 — from [2011] FWAFB 7498 FWAFB

The Fair Work Commission may exercise discretion to dismiss an application under s.587(1) where an applicant has failed to attend at a hearing to prosecute the matter, and it is not inconsistent with s.587(1) to do so without examining the merits.

para 16 — from [2014] FWC 3408 FWC

The exercise of the power under s 587 to dismiss an application should be used with caution and is subject to the Commission acting judiciously and affording applicants procedural fairness, although without necessitating a hearing.

para 55 — from [2014] FWC 3408 FWC

A conclusion that an application has no reasonable prospect of success should only be reached with extreme caution and in circumstances where an application is manifestly untenable, groundless, or so lacking in merit or substance as to be not reasonably arguable.

para 14 — from [2014] FWC 3408 FWC

The application of s.587 and the meaning of 'no reasonable prospects of success'. A conclusion that an application has no reasonable prospect of success should only be reached with extreme caution and in circumstances where an application is manifestly untenable or is groundless or so lacking in merit or substance as to be not reasonably arguable. The answer to whether an application has no reasonable prospect may differ depending on the time at which the question is asked, as circumstances may change during the course of dealing with an application.

para 17 — from [1964] HCA 69 High Court

The jurisdiction summarily to terminate an action is to be sparingly employed and not used except in a clear case where the court is satisfied that it has the requisite material and necessary assistance to reach a definite and certain conclusion that the plaintiff lacks a cause of action.

para 29 — from [1964] HCA 69 High Court

The power to dismiss a substantive application should only be exercised cautiously, not hastily, and where there is a clear basis for doing so, as such a decision extinguishes a party's application made to seek relief from a beneficial statutory provision.

para 6 — from [1964] HCA 69 High Court

The test for 'frivolous or vexatious' requires that the case be so obviously untenable that it cannot possibly succeed; manifestly groundless; so manifestly faulty that it does not admit of argument; so manifest that the pleadings cannot succeed even if proved; or so apparent that it does not admit of reasonable argument.

para 28 — from [2011] FWAFB 4014 FWAFB

A conclusion that an application has no reasonable prospect of success should only be reached with extreme caution in circumstances where the application is manifestly untenable or groundless or so lacking in merit or substance as to not be reasonably arguable.

para 10 — from [2014] FWCFB 1070 FWC — Full Bench

A power to waive any irregularity in the form or manner in which an application is made should be given a wide field of operation so as to give effect to the statutory intention that proceedings before the Commission be directed to the merits and that technicalities and legal forms should not be regarded.

Leading cases · by citation count

Citation	Court	Role	Cited
[2014] FWC 3408	FWC	primary	69
[1964] HCA 69	High Court	primary	63
[2009] HCA 27	High Court	primary	16
[2015] FWCFB 6503	FWC — Full Bench	primary	15
[2013] FWC 7080	FWC	primary	10
2024 WAIRC 01044	WAIRC — Court Session	primary	7
[2022] FCA 87	Federal Court	primary	7
[2022] WAIRC 208	WAIRC — Single Commissioner	primary	6

All tagged cases · 200

Citation	Court	Role	Date	Outcome	Cited
[2014] FWC 3408	FWC	primary	2014-05-26	Against applicant	69
[1964] HCA 69	High Court	primary	1964-01-01	Against applicant	63
[2009] HCA 27	High Court	primary	2009-01-01	Against applicant	16
[2015] FWCFB 6503	FWC — Full Bench	primary	2015-10-14	Against applicant	15
[2013] FWC 7080	FWC	primary	2013-09-17	Against applicant	10
2024 WAIRC 01044	WAIRC — Court Session	primary	2024-12-16	Against applicant	7
[2022] FCA 87	Federal Court	primary	2022-01-01	Resolved	7
[2022] WAIRC 208	WAIRC — Single Commissioner	primary	2022-05-18	Against applicant	6
[2017] FCA 575	Federal Court	primary	2017-01-01	Against applicant	6
[2016] FWC 716	FWC	primary	2016-01-01	Against applicant	6
[2009] WAIRC 1282	WAIRC — Single Commissioner	primary	2009-12-03	Against applicant	6
[2022] FCA 1234	Federal Court	primary	2022-01-01	Resolved	5
[2019] FCA 747	Federal Court	primary	2019-05-24	Against applicant	4
[2012] WAIRC 935	WAIRC — Single Commissioner	primary	2012-10-15	Against applicant	4
[2022] WAIRC 739	WAIRC — Single Commissioner	primary	2022-10-20	Against applicant	3
[2017] WAIRC 689	WAIRC — Full Bench	primary	2017-07-28	Against applicant	3
[2017] FCA 193	Federal Court	primary	2017-01-01	Against applicant	3
[2013] FWCFB 5834	FWC — Full Bench	primary	2013-09-20	Against applicant	3
[2009] FCA 1500	Federal Court	primary	2009-01-01	Against applicant	3
[2023] WAIRC 732	Industrial Magistrates Court	primary	2023-09-04	Resolved	2
[2022] WAIRC 311	WAIRC — Single Commissioner	primary	2022-07-26	Against applicant	2
[2022] ACTSC 29	ACTSC	primary	2022-01-01		2
[2021] WAIRC 160	Industrial Magistrates Court	primary	2021-06-11	Against applicant	2
[2020] FCA 65	Federal Court	primary	2020-01-01	Against applicant	2
[2017] WAIRC 869	WAIRC — Full Bench	primary	2017-10-16	Against applicant	2
[2016] FWC 2203	FWC	primary	2016-01-01	Against applicant	2
[2016] FWC 1418	FWC	primary	2016-01-01	Against applicant	2
[2016] FWC 1962	FWC	primary	2016-01-01	Against applicant	2
[2016] FWC 2040	FWC	primary	2016-01-01	Resolved	2
[2016] FWC 2926	FWC	primary	2016-01-01	Resolved	2
[2016] FWC 3258	FWC	primary	2016-01-01	Resolved	2
[2013] FWC 691	FWC	primary	2013-01-01	For applicant	2
[2011] WAIRC 1065	Industrial Magistrates Court	primary	2011-01-01	Against applicant	2
[2010] FWA 1765	FWA (former)	primary	2010-03-04	Against applicant	2
[2009] FMCA 957	FMCA (former)	primary	2009-10-01	Resolved	2
[2009] FCA 1015	Federal Court	primary	2009-09-10	Against applicant	2
[2008] WASC 146	WA Supreme Court	primary	2008-07-16	Against applicant	2
[2004] WASCA 194	WA Court of Appeal	primary	2004-08-26	Against applicant	2
[2026] FCA 19	Federal Court	primary	2026-01-01	Against applicant	1
[2025] FCA 1385	Federal Court	primary	2025-11-14	Resolved	1
[2025] FedCFamC2G 763	FedCFamC2G	primary	2025-05-23	Resolved	1
2025 WAIRC 00188	WAIRC — Court Session	primary	2025-03-26	Against applicant	1
2025 WAIRC 00118	WAIRC — Single Commissioner	primary	2025-02-25	Against applicant	1
[2025] FCA 1541	Federal Court	primary	2025-01-01	Resolved	1
[2024] WAIRC 841	WAIRC — Single Commissioner	primary	2024-09-19	For applicant	1
[2024] WAIRC 436	WAIRC — Single Commissioner	primary	2024-07-10	Resolved	1
[2024] WAIRC 378	Industrial Magistrates Court	primary	2024-06-28	Resolved	1
[2024] WAIRC 108	WAIRC — Single Commissioner	primary	2024-03-18	Against applicant	1
[2024] FCA 193	Federal Court	primary	2024-03-12	Resolved	1
[2024] WAIRC 83	Industrial Magistrates Court	primary	2024-02-23	Against applicant	1
[2023] WAIRC 891	WAIRC — Single Commissioner	primary	2023-11-13	Resolved	1
[2023] WAIRC 793	Industrial Magistrates Court	primary	2023-10-05	For applicant	1
[2023] WAIRC 84	WAIRC — Full Bench	primary	2023-02-15	Resolved	1
[2022] ACTSC 300	ACTSC	primary	2022-11-03		1
[2022] WAIRC 728	Industrial Magistrates Court	primary	2022-10-19	Against applicant	1
[2022] FCA 22	Federal Court	primary	2022-01-25	Resolved	1
[2022] FedCFamC2G 818	FedCFamC2G	primary	2022-01-01	Resolved	1
[2019] FWCFB 8269	FWC — Full Bench	primary	2019-12-10	Against applicant	1
[2019] FCCA 1847	Federal Circuit Court	primary	2019-07-03	Against applicant	1
[2019] FCCA 1819	Federal Circuit Court	primary	2019-01-01	Against applicant	1
[2019] FCCA 1454	Federal Circuit Court	primary	2019-01-01	Against applicant	1
[2018] FCA 794	Federal Court	primary	2018-01-01	Resolved	1
[2016] WAIRC 899	PSAB (former)	primary	2016-11-30	Against applicant	1
[2016] WAIRC 222	WAIRC — Single Commissioner	primary	2016-04-18	Resolved	1
[2016] WAIRC 87	WAIRC — Full Bench	primary	2016-02-15	Against applicant	1
[2016] FWC 48	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 68	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 90	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 158	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 404	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1207	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1650	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2787	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3312	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 5053	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 258	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 354	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 185	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 209	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 230	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 277	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 406	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 514	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 559	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 691	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 783	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 392	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1206	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 991	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 549	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 687	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 717	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1208	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1225	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1502	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 1344	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1538	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1002	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 1544	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1584	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1190	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 1759	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1966	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1847	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1545	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1726	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 1748	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2211	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 2295	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2358	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2008	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2053	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2385	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2527	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2401	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2403	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2192	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2785	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2279	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2320	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2351	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2689	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 2366	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2387	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2722	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2398	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2791	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2464	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2819	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 2960	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3040	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2942	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2963	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2620	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3028	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2690	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3218	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2783	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3168	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3504	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3512	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3537	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2964	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3470	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 3486	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 2975	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3215	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3510	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3530	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3545	FWC	primary	2016-01-01	Resolved	1
[2016] FWC 3948	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4133	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4054	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4288	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 3970	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4474	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4388	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4565	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4213	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4451	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 4934	FWC	primary	2016-01-01	Against applicant	1
[2016] FWC 5068	FWC	primary	2016-01-01	Resolved	1
[2015] FCCA 1339	Federal Circuit Court	primary	2015-01-01	Against applicant	1
[2015] FWC 713	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 934	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 101	FWC	primary	2015-01-01	Resolved	1
[2015] FWC 138	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 658	FWC	primary	2015-01-01	Resolved	1
[2015] FWC 672	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 703	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 763	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 645	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 702	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 928	FWC	primary	2015-01-01	Resolved	1
[2015] FWC 765	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 865	FWC	primary	2015-01-01	Resolved	1
[2015] FWC 1019	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 933	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 1020	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 1339	FWC	primary	2015-01-01	Against applicant	1
[2015] FWC 1348	FWC	primary	2015-01-01	Against applicant	1
[2014] FCA 424	Federal Court	primary	2014-01-01	Against applicant	1
[2014] FWC 59	FWC	primary	2014-01-01	Against applicant	1
[2012] FMCA 1217	FMCA (former)	primary	2012-12-21	Resolved	1
[2012] WASC 369	WA Supreme Court	primary	2012-10-11	Resolved	1
[2012] FMCA 459	FMCA (former)	primary	2012-01-01	Against applicant	1
[2011] FWA 4812	FWA (former)	primary	2011-07-22	Against applicant	1
[2011] FCA 1156	Federal Court	primary	2011-01-01	Against applicant	1
[2009] FMCA 959	FMCA (former)	primary	2009-10-01	Resolved	1
[2009] AIRC 682	AIRC (former)	primary	2009-07-10	Resolved	1
[2009] AIRC 107	AIRC (former)	primary	2009-02-03	Against applicant	1
[2008] WAIRC 331	WAIRC — Full Bench	primary	2008-01-01	Against applicant	1
[2006] FCA 1181	Federal Court	primary	2006-08-31	Against applicant	1
[2005] WASCA 157	WA Court of Appeal	primary	2005-08-18	Resolved	1
[2000] WASC 196	WA Supreme Court	primary	2000-08-03	Against applicant	1
[2000] FCA 39	Federal Court	primary	2000-01-31	For applicant	1
[2026] WAIRC 00266	WAIRC — Single Commissioner	primary	2026-05-01	Resolved	0
2026 WAIRC 00254	WAIRC — Single Commissioner	primary	2026-04-28	Against applicant	0
[2026] WAIRC 00157	WAIRC — Single Commissioner	primary	2026-03-18	Resolved	0
[2026] WAIRC 00135	WAIRC — Single Commissioner	primary	2026-03-09	Resolved	0