BARRY v Park Trent Properties Group Pty Ltd

In *Barry v Park Trent Properties Group Pty Ltd*, heard in the Federal Circuit Court of Australia at Melbourne, the applicant, Natasha Barry, brought a claim under the *Fair Work Act 2009* alleging unlawful dismissal due to pregnancy and contravention of a workplace right, specifically a parental leave right. The respondent, Park Trent Properties Group Pty Ltd, sought to transfer the proceeding from the Melbourne registry to the Sydney registry.

The primary legal issue before the Court was whether to grant the respondent's application to transfer the proceeding to the Sydney registry, pursuant to rule 8.01 of the *Federal Circuit Court of Australia Rules 2001*. In determining this application, the Court was required to consider the convenience of the parties, the limiting of expense and costs, whether the matter had been listed for final hearing, and any other relevant matters.

Judge O'Dwyer dismissed the respondent's application for transfer. The Court considered the respondent's submissions regarding the convenience of witnesses located in Wollongong and the potential costs associated with travel and accommodation for those witnesses to attend a hearing in Melbourne. However, the Court found that these factors did not outweigh the applicant's right to have the matter heard in the registry where it was commenced, particularly given the absence of any specific prejudice to the respondent. The Court ordered that the respondent pay the applicant's costs of and incidental to the transfer application and fixed the matter for directions.