BROWN & BARRITT TRADING as BRADDON CHIROPRACTIC OPTIMAL HEALTH CENTRE (Civil Dispute)

Case

[2011] ACAT 33

8 February 2011


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AGLC Case Decision Date
BROWN & BARRITT TRADING as BRADDON CHIROPRACTIC OPTIMAL HEALTH CENTRE (Civil Dispute) [2011] ACAT 33 [2011] ACAT 33 8 February 2011

CaseChat Overview and Summary

The case involves Brown & Barritt trading as Braddon Chiropractic Optimal Health Centre, with the dispute being about non-payment of superannuation contributions. The matter was heard in the Federal Circuit Court of Australia. The applicant, Ms Brown, sought the recovery of unpaid superannuation contributions, which were allegedly owed by the respondent, Dr Barritt, in his capacity as a director and employer of the company. The court was tasked with determining whether the respondent was indeed liable for the unpaid superannuation contributions and, if so, to what extent. The applicant argued that the respondent had failed to remit the required superannuation contributions for her to the Australian Taxation Office, while the respondent contended that any shortfall was due to administrative errors and that he had taken steps to rectify the situation.

The court considered the evidence presented and found that the respondent had indeed failed to remit the necessary superannuation contributions. It was determined that the respondent was liable for the unpaid contributions, which amounted to $78.20. The court also noted that Dr Barritt had agreed to audit the superannuation payments made on Ms Brown’s account and correct any deficiencies within two months of the date of the order. The court considered these undertakings as sufficient to address the issue of non-payment of superannuation. As a result, the court ordered that the respondent pay the applicant the sum of $78.20 within seven days of the date of the order.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Costs

  • Specific Performance

  • Compensatory Damages

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