Lee v Superior Wood Pty Ltd

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FEDERAL COURT OF AUSTRALIA

Lee v Superior Wood Pty Ltd [2021] FCA 515  

File number: QUD 378 of 2020
Judgment of: LOGAN J
Date of judgment: 19 April 2021
Catchwords:  PRACTICE AND PROCEDURE – application for judicial review of a decision of the Fair Work Commission – where originating application deficient in failing to provide a telephone number pursuant to r 2.16(1)(d) of the Federal Court Rules 2011 – where applicant refused to provide telephone number to Court although case management direction to do so – application dismissed for want of compliance with a case management direction  
Legislation: Federal Court Rules 2011 (Cth) r 2.16
Cases cited:

Lee v Superior Wood Pty Ltd T/A Superior Wood [2019] FWC 5095

Lee v Superior Wood Pty Ltd [2020] FWCFB 1301

Lee v Superior Wood Pty Ltd [2020] FWCFB 6011

Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 6
Date of hearing: 19 April 2021
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the Respondent: Ms L Pendle of Australian Government Solicitor

ORDERS

QUD 378 of 2020
BETWEEN:

JEREMY LEE

Applicant

AND:

SUPERIOR WOOD PTY LTD TRADING AS SUPERIOR WOOD

First Respondent

FAIR WORK COMMISSION

Second Respondent

ORDER MADE BY:

LOGAN J

DATE OF ORDER:

19 APRIL 2021

THE COURT ORDERS THAT:

1.Superior Wood Pty Ltd trading as Superior Wood be joined as the first respondent.

2.The Fair Work Commission become the second respondent.

3.The presently named second, third and fourth respondents, namely Vice President Adam Hatcher, Deputy President Amber Millhouse, and Commissioner Peter Hampton be removed as respondent parties.

4.The need for the service of the originating application on the new first respondent be dispensed with.

5.The applicant provide forthwith to the Court his telephone number as required by rule 2.16 of the Federal Court Rules 2011 (Cth).

6.The proceeding be dismissed for want of compliance with order number 6.

7.No order as to costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

LOGAN J:

  1. On 1 December 2020, Mr Jeremy Lee filed in this Court’s original jurisdiction an originating application in respect of a decision given by a Full Bench of the Commonwealth conciliation and arbitration commission, presently known as the Fair Work Commission (Industrial Commission).  On 10 November 2020, a Full Bench of the Industrial Commission dealt with an appeal by Mr Lee against a decision in the original jurisdiction of the Industrial Commission: see, respectively, Lee v Superior Wood Pty Ltd [2020] FWCFB 6011 and Lee v Superior Wood Pty Ltd T/A Superior Wood [2019] FWC 5095. There had been an earlier proceeding in the Full Bench of the Industrial Commission on 5 May 2020 in which then it also dealt with an appeal against that same decision in the Industrial Commission’s original jurisdiction: see Lee v Superior Wood Pty Ltd [2020] FWCFB 1301.

  2. The originating application should not have been…

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Details
Case
[2021] FCA 515
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Lee v Superior Wood Pty Ltd involves an application for judicial review of a decision made by the Fair Work Commission. The applicant, Mr Lee, sought to challenge a decision that had significant implications for his employment. The first respondent, Superior Wood Pty Ltd, is the employer involved, and the Fair Work Commission is the second respondent. Additionally, certain officers of the Fair Work Commission were initially named as respondents but were later removed from the case.

The legal issues before the Court centred on whether the applicant's originating application complied with the procedural requirements of the Federal Court Rules 2011. Specifically, the Court needed to determine if the application was deficient for not providing Mr Lee's telephone number, as mandated by rule 2.16(1)(d). The Court also had to consider whether Mr Lee's refusal to provide his telephone number, despite a case management direction to do so, justified the dismissal of his application for want of compliance.

The Court found that the originating application was indeed deficient due to the omission of Mr Lee's telephone number. Despite being directed by the Court to provide this information, Mr Lee refused to comply, which led to the dismissal of the application. The Court emphasised that compliance with procedural requirements is essential for the proper administration of justice and that failing to adhere to such requirements could result in the dismissal of proceedings.

The Court ordered that Superior Wood Pty Ltd be joined as the first respondent, the Fair Work Commission as the second respondent, and that Vice President Adam Hatcher, Deputy President Amber Millhouse, and Commissioner Peter Hampton be removed from the list of respondents. Furthermore, the Court dispensed with the need for the service of the originating application on the new first respondent. Mr Lee was required to provide his telephone number immediately and the proceeding was dismissed for non-compliance with this requirement. No order was made as to costs.

Orders

Orders of the court

1. Superior Wood Pty Ltd trading as Superior Wood be joined as the first respondent.

2. The Fair Work Commission become the second respondent.

3. The presently named second, third and fourth respondents, namely Vice President Adam Hatcher, Deputy President Amber Millhouse, and Commissioner Peter Hampton be removed as respondent parties.

4. The need for the service of the originating application on the new first respondent be dispensed with.

5. The applicant provide forthwith to the Court his telephone number as required by rule 2.16 of the Federal Court Rules 2011 (Cth).

6. The proceeding be dismissed for want of compliance with order number 6.

7. No order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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