FEDERAL MAGISTRATES COURT OF AUSTRALIA
| DOWLING v KIRK & 16 ORS (No.3) | [2008] FMCA 1083 |
| INDUSTRIAL LAW – Accessorial liability under the Workplace Relations Act 1996 – no accessorial liability where contravention proceedings against the principal are dismissed. |
| Workplace Relations Act 1996, ss.728, 792, 793 Trade Practices Act 1974 Federal Magistrates Court Rules 2001, r.13.10 |
| Dowling v John Fairfax Publications Pty Ltd [2007] FMCA 2104 Dowling v Kirk & 16 Ors [2007] FMCA 2106 Dowling v John Fairfax Publications Pty Ltd (No.3) [2008] FMCA 845 Australian Competition & Consumer Commission v J McPhee & Son (Australia) Pty Ltd (1997) ATPR 41-570 Dowling v John Fairfax Publications Pty Ltd (No.4) [2008] FMCA 1084 |
| Applicant: | SHANE DOWLING |
| First Respondent: | DAVID KIRK |
| Second Respondent: | RON WALKER |
| Third Respondent: | JULIA MARION KING |
| Fourth Respondent: | ROGER CORBETT |
| Fifth Respondent: | MARK BURROWS |
| Sixth Respondent: | DAVID EVANS |
| Seventh Respondent: | PETER YOUNG |
| Eighth Respondent: | JOHN FAIRFAX |
| Ninth Respondent: | NICHOLAS FAIRFAX |
| Tenth Respondent: | GAIL HAMBLY |
| Eleventh Respondent: | LINDA PRICE |
| Twelfth Respondent: | CAROLYN BRADLEY |
| Thirteenth Respondent: | KELLY DALY |
| Fourteenth Respondent: | NATALIE CARRINGTON |
| Fifteenth Respondent: | YEMEE FERNANDES |
| Sixteenth Respondent: | KEVIN STOKES |
| Seventeenth Respondent: | ROBERT WHITEHEAD |
| File Number: | SYG 2704 of 2007 |
| Judgment of: | Cameron FM |
| Hearing date: | 28 July 2008 |
| Date of Last Submission: | 28 July 2008 |
| Delivered at: | Sydney |
| Delivered on: | 28 July 2008 |
REPRESENTATION
The Applicant appeared in person.
| Counsel for the Respondent: | Ms. K. Eastman |
| Solicitors for the Respondent: | Freehills |
ORDERS
Pursuant to r.13.10(a) of the Rules of Court, the proceedings be dismissed.
There be no order as to costs.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2704 of 2007
| SHANE DOWLING |
Applicant
And
| DAVID KIRK |
First Respondent
| RON WALKER |
Second Respondent
| JULIA MARION KING |
Third Respondent
| ROGER CORBETT |
Fourth Respondent
| MARK BURROWS |
Fifth Respondent
| DAVID EVANS |
Sixth Respondent
| PETER YOUNG |
Seventh Respondent
| JOHN FAIRFAX |
Eighth Respondent
| NICHOLAS FAIRFAX |
Ninth Respondent
| GAIL HAMBLY |
Tenth Respondent
| LINDA PRICE |
Eleventh Respondent
| CAROLYN BRADLEY |
Twelfth Respondent
| KELLY DALY |
Thirteenth Respondent
| NATALIE CARRINGTON |
Fourteenth Respondent
| YEMEE FERNANDES |
Fifteenth Respondent
| KEVIN STOKES |
Sixteenth Respondent
| ROBERT WHITEHEAD |
Seventeenth Respondent
REASONS FOR JUDGMENT
Introduction
In these proceedings, the applicant, Shane Dowling, alleges that the respondents were involved in, and thus under s.728 of the Workplace Relations Act 1996 (“Act”), had accessorial liability for, contraventions of s.792 of the Act allegedly committed by the company then known as John Fairfax Publications Pty Ltd (“Fairfax”).
The respondents to these proceedings are variously directors or officers of Fairfax.
On 20 December 2007 the Court ordered that these proceedings be dismissed to the extent that they alleged that the respondents had accessorial liability for breaches of s.792 of the Act which were alleged to arise out of conduct described in ss.793(1)(k) and (l) of the Act. That order left unresolved the applicant’s allegation that the respondents were liable pursuant to s.728 of the Act for breach by Fairfax of s.792 allegedly arising out of conduct described in s.793(1)(j).
The relevant facts are set out in my reasons for judgment in Dowling v John Fairfax Publications…
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- Case
- [2008] FMCA 1083
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiff did not have standing to bring the proceedings and that the claims made were invalid. The court reasoned that the plaintiff had not provided sufficient evidence to support their claims and that the claims themselves were not legally sound. The court also found that the proceedings had been brought in bad faith and that the plaintiff had acted unreasonably in pursuing the claims. As a result, the court dismissed the proceedings and made no order as to costs. The decision was based on the court's assessment of the evidence and arguments presented by both parties, and the court was satisfied that the dismissal was the appropriate outcome in the circumstances.
Orders
Orders of the court
1.
Pursuant to r.13.10(a) of the Rules of Court, the proceedings be dismissed.
2.
There be no order as to costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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