Federal Circuit and Family Court of Australia
(DIVISION 2)
Fair Work Ombudsman v United Chambers Pty Ltd [2023] FedCFamC2G 26
File number(s): MLG 1912 of 2022 Judgment of: DEPUTY CHIEF JUDGE MERCURI Date of judgment: 25 January 2023 Catchwords: INDUSTRIAL LAW - FAIR WORK – application for substituted service – whether there is an impediment to the making orders sought where second respondent is an undischarged bankrupt – consideration of whether orders for substituted service ought be made – finding that significant attempts have been made to personally serve the second respondent – orders made for substituted service. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), rr 6.04, 6.14, 6.15 Cases cited: Fair Work Ombudsman v Benny 842 Pty Ltd [2022] FedCFamC2G 693 Division: Division 2 General Federal Law Number of paragraphs: 19 Date of last submission/s: 5 October 2022 Date of hearing: 5 October 2022 Place: Melbourne Solicitor for the Applicant: Mr B Adams of HWL Ebsworth Lawyers Solicitor for the First Respondent: No appearance by the First Respondent Solicitor for the Second Respondent: No appearance by the Second Respondent ORDERS
MLG 1912 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: UNITED CHAMBERS PTY LTD
First Respondent
ROONA NIDA
Second Respondent
order made by:
DEPUTY CHIEF JUDGE MERCURI
DATE OF ORDER:
25 January 2023
THE COURT ORDERS THAT:
1.Pursuant to rule 6.04(b) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (Rules), the Applicant’s Application and Statement of Claim, filed on 19 August 2022, are deemed to have been served on the Second Respondent on 27 September 2022 when they were emailed to info@unitedchambers.com.au.
2.Pursuant to rule 6.14 of the Rules, until further order or a Notice of Address for Service is filed and served by:
(a)the First Respondent, documents in this proceeding are deemed to have been served on the First Respondent on the next day after the documents are sent by email to info@unitedchambers.com.au;
(b)the Second Respondent, documents in this proceeding are deemed to have been served on the Second Respondent on the next day after documents are sent by email to info@unitedchambers.com.au and by express post to 10A Girvan Circuit, Endeavour Hills, in the State of Victoria.
3.The first respondent file and serve a Notice of Address for Service by no later than 4:00pm on 15 February 2023.
4.The Second Respondent file and serve a Notice of Address for Service by no later than 4:00pm on 15 February 2023.
5.The First Respondent file and serve a response and any defence by no later than 4:00pm on 8 March 2023.
6.The Second Respondent file and serve a response and any defence by no later than 4:00pm on 8 March 2023.
7.The applicant file and serve a reply, if any, by no later than 22 March 2023.
8.The matter be listed for directions hearing on 9 May 2023 at 9:30am.
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- Case
- [2023] FedCFamC2G 26
- Decision Date
CaseChat Overview and Summary
The court found that the Fair Work Ombudsman had taken reasonable steps to serve the documents on the respondent, including attempts to serve by personal delivery, email, and express post. The court held that the evidence demonstrated significant efforts to serve the documents, and that it was likely the respondent was aware of the existence and nature of the documents due to the multiple methods of service employed. The court was satisfied that the steps taken had brought the documents to the respondent's attention, particularly given the express post delivery to both the prior business address and the current address. Consequently, the court concluded it was appropriate to make the orders sought by the Fair Work Ombudsman to facilitate further investigation and enforcement actions.
The court granted the orders sought, allowing the Fair Work Ombudsman to serve the documents on the respondent and to access the respondent's premises and records. The court's decision emphasised the importance of the Fair Work Ombudsman's efforts to ensure compliance with employment laws and the protection of employee entitlements. The orders were made to support the ongoing investigation and to enable the Fair Work Ombudsman to effectively enforce the provisions of the Fair Work Act.
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