Cavar v Green Gate Pty Ltd

[2016] FCA 82

FEDERAL COURT OF AUSTRALIA

Cavar v Green Gate Pty Ltd [2016] FCA 82

Appeal from:

Application for leave to appeal:  Cavar v Green Gate Pty Ltd (Federal Court of Australia, NSD 988 of 2015, Orders dated 30 November 2015)

File number(s):

NSD 1642 of 2015

Judge(s):

BUCHANAN J

Date of judgment:

12 February 2016

Legislation:

Age Discrimination Act 2004 (Cth)

Fair Work Act 2009 (Cth), s 570

Federal Court of Australia Act 1976 (Cth), ss 32AB, 37M

Federal Court Rules 2011 (Cth), r 27.12

Racial Discrimination Act 1975 (Cth)

Cases cited:

Cavar v Green Gate Pty Ltd [2015] FCA 1179

Cavar v St Brigid’s trading as Green Gate Pty Ltd [2015] FCCA 1993

Date of hearing:

10 February 2016

Registry:

New South Wales

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

21

Counsel for the Applicant:

The applicant appeared in person

Counsel for the Respondent:

Mr T Glover

Solicitor for the Respondent:

FCB Workplace Law

ORDERS

NSD 1642 of 2015

BETWEEN:

CELIA CAVAR

Applicant

AND:

GREEN GATE PTY LTD

Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	10 FEBRUARY 2016

THE COURT ORDERS THAT:

1.The application for leave to appeal filed on 14 December 2015 be dismissed. 

2.There be no order as to costs. 

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BUCHANAN J:

1. These reasons for judgment deal with an application for leave to appeal against interlocutory orders made by Katzmann J on 30 November 2015 (NSD 988 of 2015): 

   1.Pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth), this proceeding be transferred to the Federal Circuit Court to be heard, in the discretion of the judge, together with or immediately after SYG106/2015.

   2.In the event that s 570 of the Fair Work Act 2009 (Cth) does not preclude an order for costs, costs of the proceeding in this Court be costs in the cause.

2. On 16 January 2015, the applicant commenced proceedings in the Federal Circuit Court of Australia (“FCCA”) seeking relief for breach of contract, breach of provisions of the Fair Work Act 2009 (Cth) (“FW Act”) and discrimination contrary to the Age Discrimination Act 2004 (Cth) and the Racial Discrimination Act 1975 (Cth). It would appear that the subject matter of those proceedings arose from a period of employment of the applicant by the respondent in an aged care facility for three months between 12 August 2014 and 12 November 2014.

3. In the proceedings before the FCCA, the respondent sought summary dismissal of the application.  That application for summary dismissal was successful (Cavar v St Brigid’s trading as Green Gate Pty Ltd [2015] FCCA 1993).

4. On 3 November 2015, Flick J granted the applicant leave to appeal against that decision of the FCCA and allowed the appeal, although only as to matters arising under the FW Act (Cavar v Green Gate Pty Ltd [2015] FCA…