FEDERAL COURT OF AUSTRALIA
Cavar v Green Gate Pty Ltd [2015] FCA 1179
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION
NSD 925 of 2015
BETWEEN: CELIA CAVAR
ApplicantAND: GREEN GATE PTY LTD
Respondent
JUDGE:
FLICK J
DATE OF ORDER:
3 NOVEMBER 2015
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Application for leave to appeal is granted but confined to the grant of leave to appeal in respect to the summary dismissal of the Applicant’s claim for relief pursuant to the Fair Work Act 2009 (Cth).
2.The appeal is allowed in respect to the Applicant’s claim for relief pursuant to the Fair Work Act 2009 (Cth).
3.The Application for leave to appeal is otherwise dismissed.
4.The proceeding is remitted to the Federal Circuit Court of Australia for re-consideration in accordance with these reasons.
5.There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION
NSD 925 of 2015
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- AGLC
- Cavar v Green Gate Pty Ltd [2015] FCA 1179
- Case
- [2015] FCA 1179
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Federal Circuit Court erred in summarily dismissing the applicant’s claim for relief under the Fair Work Act without considering the additional evidence the applicant sought to call. The Court had to determine whether the applicant's circumstances justified a departure from the usual rules of procedure and whether the Federal Circuit Court should have considered the additional evidence before making its decision.
The Court held that the additional evidence the applicant referred to was not immediately relevant to the application for leave to appeal but could support a conclusion about the appropriateness of the summary dismissal. The Court rejected the application to reconstitute itself and to restrain a party from further participation in the proceeding. However, the Court granted the application for leave to appeal, confined to the summary dismissal of the applicant’s claim for relief under the Fair Work Act. The Court allowed the appeal in respect to this claim and remitted the proceeding to the Federal Circuit Court for reconsideration in accordance with the Court's reasons.
The Court's orders included granting leave to appeal confined to the summary dismissal of the applicant's claim under the Fair Work Act, allowing the appeal in respect of this claim, dismissing the application for leave to appeal in all other respects, remitting the proceeding to the Federal Circuit Court for reconsideration, and making no order as to costs.
Orders
Orders of the court
1. The Application for leave to appeal is granted but confined to the grant of leave to appeal in respect to the summary dismissal of the Applicant’s claim for relief pursuant to the Fair Work Act 2009 (Cth).
2. The appeal is allowed in respect to the Applicant’s claim for relief pursuant to the Fair Work Act 2009 (Cth).
3. The Application for leave to appeal is otherwise dismissed.
4. The proceeding is remitted to the Federal Circuit Court of Australia for re-consideration in accordance with these reasons.
5. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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