Alvarez Nino v Kuksal (No 3)

In this matter, the applicants, Wilmer Jahir Alvarez Nino and others, brought proceedings against the respondent, Shivesh Kuksal, seeking relief under the Fair Work Act 2009 (Cth). The dispute involved allegations of contraventions of the Fair Work Act by the respondent, with the applicants asserting accessorial liability. The case was before the Federal Circuit and Family Court of Australia (Division 2). The applicants sought leave to file an affidavit annexing documents obtained from the Fair Work Ombudsman (FWO) pursuant to a Freedom of Information (FOI) request. The central legal issue was the admissibility of the FOI documents in these proceedings. The applicants argued that the documents were relevant, admissible, and of high probative value, while the respondent objected on grounds of relevance, admissibility, and potential prejudice. The Court considered the overarching purpose of civil litigation and the need for an efficient resolution of the dispute. The Court granted leave for the applicants to file the affidavit and rely on specific FOI documents, noting their relevance and probative value. The Court emphasised that this ruling was preliminary and did not prejudge the merits of the case. The final hearing was scheduled for 29 and 30 August 2022.