Fair Work Ombudsman v Civic National Pty Ltd

The Fair Work Ombudsman (applicant) commenced proceedings against Civic National Pty Ltd (first respondent) and its former sole director and shareholder, Mr. Anthony John Smith (second respondent), alleging breaches of record-keeping obligations under the *Fair Work Act 2009* (Cth). The dispute concerned the failure of Civic National Pty Ltd to keep accurate and complete employee records.

The primary legal issue before Driver J of the Federal Court of Australia was whether to grant a default judgment against Civic National Pty Ltd. This arose due to the company's failure to file an address for service, a response, or a defence in accordance with court orders. A secondary issue, implicitly, was the applicant's entitlement to relief given the admitted material facts by the second respondent.

Driver J found that Civic National Pty Ltd had failed to comply with court orders regarding its procedural obligations. The court noted that the second respondent, Mr. Smith, had admitted the material facts alleged by the applicant concerning the breaches of record-keeping obligations. Applying the principles governing default judgments, the court determined that it was appropriate to proceed to judgment against the corporate respondent given its non-compliance and the admission of facts by the individual respondent who was formerly in control of the company.

The court ordered that default judgment be entered against Civic National Pty Ltd.