Nasirian v Sarvastani

In *Nasirian v Sarvastani*, the applicant sought and was granted default judgment against the respondent for multiple contraventions of the relevant award. The dispute concerned the respondent's failure to pay minimum rates of pay, other entitlements, and to remit superannuation contributions. The matter came before Judge McNab.

The primary legal issue before the court was whether to grant default judgment in favour of the applicant, and if so, to determine the appropriate penalty to be imposed on the respondent for the contraventions of the award.

Judge McNab found that the respondent had failed to file a defence despite being properly served, and that the applicant had established a prima facie case of contravention. The court applied the principles governing default judgments, requiring the applicant to demonstrate that the respondent was in default and that the claim had merit. Having satisfied these requirements, the court proceeded to consider the penalty. The court determined that a penalty was payable to the applicant, reflecting the seriousness of the contraventions, which included underpayment of wages and failure to meet superannuation obligations.

The court ordered that default judgment be entered against the respondent and imposed a penalty payable to the applicant.