EATON v Sell Lease Property Pty Ltd

[2015] FCCA 3558

FEDERAL CIRCUIT COURT OF AUSTRALIA

EATON v SELL LEASE PROPERTY PTY LTD [2015] FCCA 3558

Catchwords:
INDUSTRIAL LAW – Allegations of accessorial liability – joinder of alleged accessories – whether Court’s jurisdiction dependent on accessory having a certificate issued pursuant to s.368 of the Fair Work Act 2009.

Zehnder v Sell Lease Property Pty Ltd trading as Sell Lease Property [2015] FCCA 3393

Applicant: SIMONE EATON

Respondent: SELL LEASE PROPERTY PTY LTD

File Number: PEG 127 of 2015

Judgment of: Judge Cameron

Hearing date: 4 December 2015

Date of Last Submission: 4 December 2015

Delivered at: Perth

Delivered on: 4 December 2015

REPRESENTATION

The Applicant appeared in person
Counsel for the Respondent:	Mr S. Heathcote

Solicitors for the Respondent: Steve Heathcote Barrister & Solicitor

ORDERS

1. The applicant have leave to file and serve:

   (a)an amended application; and

   (b)a further amended Form 2,

   on or before 18 December 2015.

2. The respondents file and serve a response to the amended application and further amended Form 2 by 15 January 2016.

3. The applicant file and serve any further affidavits on which she will rely on or before 29 January 2016.

4. The respondents file and serve any affidavits on which they will rely on by 19 February 2016.

5. The applicant file and serve any affidavits in reply on which she will rely on or before 4 March 2016.

6. The applicant file and serve an outline of submissions 14 days prior to trial.

7. The respondents file and serve an outline of submissions 7 days prior to trial.

8. The parties have liberty to apply on 3 days’ notice.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PERTH

PEG 127 of 2015

SIMONE EATON

Applicant

And

SELL LEASE PROPERTY PTY LTD

Respondent

REASONS FOR JUDGMENT

1. For the reasons given in Zehnder v Sell Lease Property Pty Ltd trading as Sell Lease Property [2015] FCCA 3393, I make the following orders in this matter:

   a)The applicant have leave to file and serve:

   i)an amended application; and

   ii)a further amended Form 2,

   on or before 18 December 2015.

   b)The respondents file and serve a response to the amended application and further amended Form 2 by 15 January 2016.

   c)The applicant file and serve any further affidavits on which she will rely on or before 29 January 2016.

   d)The respondents file and serve any affidavits on which they will rely on by 19 February 2016.

   e)The applicant file and serve any affidavits in reply on which she will rely on or before 4 March 2016.

   f)The applicant file and serve an outline of submissions 14 days prior to trial.

   g)The respondents file and serve an outline of submissions 7 days prior to trial.

   h)The parties have liberty to apply on 3 days’ notice.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Judge Cameron

Associate: 

Date:  22 January 2016