Fair Work Ombudsman v New Image Photographics Pty Ltd and Anor (No.3)

The Federal Circuit Court of Australia, presided over by Judge Jarrett, considered an application by the second respondent, Bryan Charles Bedington, for leave to file and read an affidavit sworn on 26 March 2013. The applicant in these proceedings is the Fair Work Ombudsman, with New Image Photographics Pty Ltd and Bryan Charles Bedington as the first and second respondents respectively.

The central legal issue before the Court was whether to grant the second respondent leave to rely on the affidavit. This application arose in the context of proceedings that commenced in February 2012, with the Court having previously made directions for the filing and service of a defence.

The Court refused the application for leave to file and read the affidavit. While the provided text does not detail the specific reasoning for this refusal, it indicates that the application was made on the day of the hearing and was subject to the Court's discretion regarding the admission of evidence. The Court's decision to refuse leave suggests that the affidavit was not considered in accordance with the established procedural rules or timelines of the Court.