Ian Nattrass v Sharing Minds Pty Ltd

[2015] FWC 6361

[2015] FWC 6361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ian Nattrass
v
Sharing Minds Pty Ltd
(U2012/16727)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 14 SEPTEMBER 2015

Application for unfair dismissal remedy - Respondent deregistered - no reasonable prospects of success - application dismissed.

[1] On 11 July 2013, I issued a decision 1 in relation to Mr Ian Nattrass’ application for remedy from unfair dismissal.

[2] The decision stayed Mr Nattrass’ application on the basis that Sharing Minds Pty Ltd was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Nattrass’ application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 4 September 2015 and disclosed that Sharing Minds Pty Ltd was deregistered on 5 July 2015.

[4] On 4 September 2015, the Fair Work Commission wrote to Mr Nattrass and advised him of Sharing Minds Pty Ltd’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Nattrass was given an opportunity to file a notice of discontinuance. He was advised that if he did not do so I would dismiss his application because it had no reasonable prospects of success. He did not respond to the correspondence or file a notice of discontinuance.

[5] Taking into account the circumstances of this matter, I am satisfied that Mr Nattrass’ application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

 1   [2013] FWC 4075.

 2 Ibid at [15].

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