McKerlie v RateIt Australia Pty Ltd

In McKerlie v RateIt Australia Pty Ltd, the Federal Court of Australia was presented with an application from the applicant, Mr McKerlie, seeking various forms of interlocutory relief against the first respondent, RateIt Australia Pty Ltd. The relief sought included an injunction to prevent the Fair Work Commission from hearing two proceedings related to an unfair dismissal claim, an order to restrain the first respondent's solicitors from acting in the proceedings, and non-publication orders to protect Mr McKerlie's identity. The legal issues before the Court were whether the Court should grant the interlocutory injunction, restrain the first respondent's solicitors from acting, and impose non-publication orders.

The Court held that the application for interlocutory injunctive relief should be dismissed. The Court found that while the causes for which Mr McKerlie was agitating were ambitious, the balance of convenience did not favour granting the relief sought. Furthermore, the Court held that there were no grounds to restrain the first respondent's solicitors from acting in the proceedings, as the allegations against them were not substantiated, and there were other mechanisms available to address any misconduct. Lastly, the Court dismissed the application for non-publication orders, finding that the public interest in open justice outweighed the need for protection of Mr McKerlie's identity.

The Court dismissed all interlocutory applications and ordered the parties to confer and agree on costs or file written submissions if no agreement was reached. The Court also noted that the decision on interlocutory relief did not preclude the Fair Work Commission from determining its own competence to hear the proceedings.