Budathoki v Consult Security Pty Ltd and Ors (No.2)

In *Budathoki v Consult Security Pty Ltd and Ors (No.2)*, the applicant sought relief from an earlier liability judgment, specifically concerning the determination of pecuniary penalties. The matter came before Judge Burchardt.

The central legal issue before the Court was to consider the various matters relevant to the fixing of pecuniary penalties in light of the earlier liability judgment. This involved assessing the appropriate quantum of penalties to be imposed on the respondents.

Judge Burchardt considered a range of factors in determining the pecuniary penalties. These included the nature and extent of the contraventions, the respondents' culpability, the need for deterrence, and the respondents' capacity to pay. The Court applied principles of industrial law relating to the imposition of penalties for breaches of statutory obligations, aiming to achieve both punishment and deterrence. The Court's reasoning focused on ensuring that the penalties reflected the seriousness of the conduct and served to discourage future non-compliance by the respondents and others in similar positions.