FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Fair Work Ombudsman v ABMENG Pty Ltd [2024] FedCFamC2G 636
File number: MLG 2298 of 2023 Judgment of: JUDGE LADHAMS Date of judgment: 15 July 2024 Catchwords: PRACTICE AND PROCEDURE – application for leave for respondent corporation to carry on proceeding without a lawyer – where applicant consents to the grant of leave – application granted. Legislation: Fair Work Act 2009 (Cth) ss 712, 716
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 190
Federal Circuit and Family Court of Australia(Division 2)(General Federal Law) Rules 2021 (Cth) r 9.04
Cases cited: Wong v Dong Lai Sun Massage Pty Ltd (2016) 305 FLR 423; [2016] FCCA 18 Division: Division 2 General Federal Law Number of paragraphs: 6 Date of hearing: 15 July 2024 Place: Melbourne Counsel for the Applicant: Ms K Ruhl Solicitor for the Applicant: Office of the Fair Work Ombudsman Respondents: Mr J Parker appeared for the first respondent and the second respondent ORDERS
MLG 2298 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: ABMENG PTY LTD (ACN 617 448 512)
First Respondent
JAY PARKER
Second Respondent
ORDER MADE BY:
JUDGE LADHAMS
DATE OF ORDER:
15 JULY 2024
THE COURT ORDERS THAT:
1.Pursuant to r 7.01(1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (GFL Rules), the name of the first respondent in this proceeding be amended to ABMENG Pty Ltd (ACN 617 448 512).
2.Pursuant to r 9.04 of the GFL Rules, the first respondent is given leave to carry on this proceeding without legal representation.
3.The first respondent is to file and serve a Notice of Address for Service on or before 19 July 2024.
4.The applicant is to file and serve affidavit evidence and submissions in respect to penalty on or before 16 August 2024.
5.The respondents are to file and serve affidavit evidence and submissions in respect to penalty on or before 6 September 2024.
6.The applicant is to file and serve submissions in reply on or before 20 September 2024.
7.The matter be listed for a hearing on penalty of no more than half a day on 15 October 2024 at 11:00am AWST / 1:00pm AEST / 2:00pm AEDT, with the hearing to be conducted by way of video link.
8.Not less than 7 days before the date listed for hearing, the parties may request the Court determine the issue of penalty on the papers.
9.Each party be granted liberty to apply.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of…
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- Case
- [2024] FedCFamC2G 636
- Decision Date
CaseChat Overview and Summary
The court considered the relevant rules and noted the consent of the Fair Work Ombudsman. It found that ABMENG Pty Ltd was entitled to proceed without legal representation as it would not be disadvantaged and the proceeding was not complex. The court acknowledged the respondent's capacity to understand and comply with the procedural requirements, thus granting the application for leave. Additionally, the court outlined specific procedural steps, including deadlines for filing evidence and submissions, and scheduled a hearing on the penalty issue.
The court's decision confirmed that ABMENG Pty Ltd could proceed without legal representation, provided it adhered to the stipulated procedural requirements. The court mandated various procedural steps, ensuring a structured approach to the resolution of the penalty issue. The matter was set for a hearing on penalty, with an option for the parties to seek a determination on the papers.
The final orders of the court reflected the procedural framework established, including the amendment of the respondent's name, deadlines for filing evidence and submissions, and scheduling of the hearing on penalty. Each party was also granted liberty to apply for further orders as needed.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. Pursuant to r 7.01(1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (GFL Rules), the name of the first respondent in this proceeding be amended to ABMENG Pty Ltd (ACN 617 448 512).
2. Pursuant to r 9.04 of the GFL Rules, the first respondent is given leave to carry on this proceeding without legal representation.
3. The first respondent is to file and serve a Notice of Address for Service on or before 19 July 2024.
4. The applicant is to file and serve affidavit evidence and submissions in respect to penalty on or before 16 August 2024.
5. The respondents are to file and serve affidavit evidence and submissions in respect to penalty on or before 6 September 2024.
6. The applicant is to file and serve submissions in reply on or before 20 September 2024.
7. The matter be listed for a hearing on penalty of no more than half a day on 15 October 2024 at 11:00am AWST / 1:00pm AEST / 2:00pm AEDT, with the hearing to be conducted by way of video link.
8. Not less than 7 days before the date listed for hearing, the parties may request the Court determine the issue of penalty on the papers.
9. Each party be granted liberty to apply.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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