Blomberg v Omni Pathways Pty Ltd as Trustee for Omni Pathways Unit Trust

[2024] FedCFamC2G 1279

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Blomberg v Omni Pathways Pty Ltd as Trustee for Omni Pathways Unit Trust [2024] FedCFamC2G 1279

File number(s):

SYG 1459 of 2023

Judgment of:

JUDGE STREET

Date of judgment:

7 November 2024

Catchwords:

FAIR WORK - late receipt of evidence – adjournment granted - interests of the administration of justice – refixed for final hearing    

Legislation:

Fair Work Act 2009 (Cth)

Federal Circuit and Family Court of Australia Act 2021 (Cth)

Division:

Division 2 General Federal Law

Number of paragraphs:

4

Date of hearing:

7 November 2024

Place:

Sydney

Solicitor for the Applicant:

Mr M Lynch of Gorval Lynch

For the First Respondent:

No appearance for the First Respondent

For the Second Respondent:

The Second Respondent appeared via video/audio-link

ORDERS

SYG 1459 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

LARA RAYNE BLOMBERG

Applicant

AND:

OMNI PATHWAYS PTY LTD THE TRUSTEE FOR OMNI PATHWAYS UNIT TRUST

First Respondent

DANIEL CAMILLO PELLEGRINO

Second Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	7 NOVEMBER 2024

THE COURT ORDERS THAT:

1.Order 1 made on 12 April 2024, fixing the matter for a final hearing, is vacated.

2.The matter is fixed for a final hearing commencing at 10:00am on 8 May 2025 and continuing on 9 May 2025 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).

3.Extends time under order 6 made on 12 April 2024 to 12 December 2024.

4.The applicant is directed to file and serve any affidavit evidence in reply, that the applicant wishes to rely upon, on or before 13 February 2025.

5.The parties are directed to file and serve an agreed statement of facts and issues on or before 27 March 2025.

6.The applicant is directed to file and serve a case outline, along with a chronology and list of objections, on or before 10 April 2025.

7.The respondent is directed to file and serve a case outline, along with a chronology and list of objections, on or before 24 April 2025.

8.Leave is granted to the parties to provide consent orders to be made in chambers, if appropriate.

9.Liberty is granted to the parties to apply on three (3) days notice.

10.The costs that are occasioned and thrown away by reason of the vacation of the hearing date are reserved.

Note: The form of the order is subject to the entry in the Court’s records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

JUDGE STREET

1. These proceedings were fixed for a final hearing on liability and compensation as a result of orders made on 12 April 2024. The applicant's evidence-in-chief affidavit was not filed until 4 November 2024. When the matter was due to commence this morning, there was no appearance on behalf of the first respondent company. The second respondent sought an adjournment articulating a number of grounds, including the late receipt of the evidence of the applicant. That late receipt is a proper ground upon which, in the interests of the administration of justice, there should be an adjournment, taking into account also the overarching purpose of s 190 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).

2. The Court cannot, on this occasion, determine the substance of the issue advanced on behalf of the applicant that there were negotiations that gave rise to and occasioned the delay in service of the applicant's evidence.

3. The Court did make orders on 12 April 2024 that expressly identified the taking into account of Calderbank offers under s 570 of the Fair Work Act 2009 (Cth). Those Calderbank offers will be taken into account in due course in respect of the costs that have been occasioned and thrown away by reason of the vacation of this hearing date.

4. It is for these reasons the Court makes the above orders.

I certify that the preceding four (4) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of Judge Street.

Associate:

Dated:        25 November 2024