Mr Fitzwarryne is an elderly man who retired from the public service over 20 years ago at the age of 65. He has difficulties reading and hearing, based on the information in the material before me. This included contacting his home by telephone this morning to speak to him, but only being able to speak to his wife. During the course of that telephone call, Mrs Fitzwarryne said that her husband had asked not to appear. She asserted that he had sent a submission by registered post to the Court on Friday, 10 February 2022. However, inquiries of the Registry that my associate has made have not discovered any material that has yet been received by the Court. When I asked Mrs Fitzwarryne to see if she could email that material, she declined and said that her husband wished to have the matter proceed on the basis of what was before me.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0175
For more information, see the original judgement.
