Fair Work Ombudsman v Greenan

The Fair Work Ombudsman (the applicant) brought proceedings against Mr. Greenan (the respondent) alleging contraventions of the *Fair Work Act 2009* (Cth) and the *Fair Work Regulations 2009* (Cth), specifically concerning the non-payment of wages and failures to keep proper wages records. The matter came before Wilson J in the Federal Circuit Court of Australia.

The central legal issue before the Court was the power of the Federal Circuit Court to grant declaratory relief on an interlocutory application for default judgment, particularly in light of the Federal Court Rules (specifically Rule 13.03B). The Court was required to consider the historical development and application of rules governing default judgments and the circumstances under which such relief could be granted.

Wilson J's reasoning focused on the interpretation of Rule 13.03B. The Court noted that where a respondent is in default, the Court may grant judgment for the relief to which the applicant appears entitled on the statement of claim, provided the Court has the power to grant that relief. This interpretation aligns with previous authorities, such as *Arthur v Vaupotic Investments Pty Ltd*, which held that the rule does not necessitate evidence proving the applicant's claim, but rather requires that the statement of claim, on its face, demonstrates a claim for the relief sought and that the Court possesses jurisdiction to grant it.

The Court ultimately granted default judgment in favour of the Fair Work Ombudsman, finding that the applicant had established a case for the relief sought based on the pleadings and that the Court had the jurisdiction to grant such relief.