Fair Work Ombudsman v DTF World Square Pty Ltd

The Fair Work Ombudsman brought this proceeding against DTF World Square Pty Ltd and Selden Farlane Lachlan Investments Pty Ltd, both of which are in liquidation, for alleged contraventions of the Fair Work Act. The proceeding arose from an investigation that began in 2017, which resulted in the Fair Work Ombudsman alleging that 17 employees of the first and second respondents were underpaid a total of $157,025.79. The applicant seeks declaratory relief, orders for rectification of underpayments, orders for payment of superannuation contributions, civil penalties, and interest. The first and second respondents were granted leave to defend the proceeding by the Court, but they have not filed a defence. The applicant made an interlocutory application seeking leave to proceed against the first and second respondents under s 500(2) of the Corporations Act, on the basis that the respondents are in liquidation and, therefore, unable to defend the proceeding. The applicant submitted that the leave should be granted on the condition that any pecuniary relief granted against the first and second respondents cannot be enforced without the leave of the Court. The first and second respondents did not oppose the application. The Court found that the proceeding raises a serious question to be tried, and that there are no compelling reasons to deny the application. The Court made an order granting leave to the applicant to proceed against the first and second respondents on the condition that any pecuniary relief granted against the first and second respondents cannot be enforced without the leave of the Court.