Bullock v AJ & Co Lawyers Pty Ltd

Bullock brought a claim against AJ & Co Lawyers Pty Ltd and its partners, seeking a declaration that changes made to his employment contract were void and ineffective. The dispute centered around whether Bullock was employed by the company or the partnership. Additionally, the claim alleged a serious breach of section 557A of the Fair Work Act 2009 (Cth). The court had to decide whether the matter was suitable for remission to the Federal Circuit Court of Australia, considering the claim's modest value and the unique facts of the case.

The court considered the nature of the claim, which involved specific employment law issues and allegations of a serious breach of the Fair Work Act. It noted the modest value of the claim and the unique facts presented. The court determined that the matter was suitable for remission to the Federal Circuit Court of Australia due to these factors and the alleged serious breach of the Fair Work Act.

Accordingly, the court ordered the proceeding to be referred to mediation before a registrar. The mediation was to be conducted on a date fixed by the allocated registrar and, unless otherwise ordered by the docket Judge, by the Deputy District Registrar Lynch. The court fee for mediation was to be borne equally by the parties. Each party was required to comply with the registrar's reasonable directions and to attend the mediation either in person or via an authorized person if advised. The registrar was to file a certificate regarding whether the proceeding had compromised. If the proceeding did not compromise, the matter was to stand forthwith permitted without further order to the Federal Circuit Court for further hearing and determination as to law. Liberty to apply and costs were reserved.

The court's final orders included referring the proceeding to mediation, specifying the conduct of the mediation, allocating the mediation costs, and detailing the steps to be taken if the proceeding did not compromise. The matter was to proceed to the Federal Circuit Court if it did not compromise.