Paula Stevens v Global Intellectual Group

[2022] FWC 2456

[2022] FWC 2456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Paula Stevens
v

Global Intellectual Group

(U2015/15044)

COMMISSIONER BISSETT MELBOURNE, 14 SEPTEMBER 2022

Application for an unfair dismissal remedy - deregistration - application dismissed.

1. On 26 April 2016 the Fair Work Commission (Commission) issued a Decision[1] in relation to the application by Ms Paula Stevens (the Applicant) for remedy for unfair dismissal.

1. The Applicant had named Global Intellectual Group (Respondent) as the Respondent entity in the Form F2 – Unfair Dismissal Application (Form F2). The Commission performed a check on the ASIC liquidation notices database which confirmed that on 15 March 2016 at a special meeting of the Respondent’s creditors, a resolution was passed for the Respondent to be wound up voluntarily.

1. The Decision issued on 26 April 2016 stayed the Applicant’s application on the basis that the Respondent was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, the application was not able to proceed except by leave of the Court.[2]

1. On 2 September 2022 the Commission performed a search on the ASIC company database which revealed that the Respondent entity had been deregistered on 28 August 2021.

1. On 5 September 2022 the Commission wrote to the Applicant advising of the Respondent’s deregistration and that no proceedings can continue against a deregistered company.  On that basis the Applicant was given an opportunity to file a Form F50–Notice of Discontinuance (Notice of Discontinuance).  The Applicant was advised that if no Notice of Discontinuance is received by 12 September 2022 the application may be dismissed because it has no reasonable prospects of success. The Applicant did not respond to the correspondence or file a Notice of Discontinuance.

1. In the circumstances, I am satisfied that the Applicant’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss the application. An order[3] giving effect to this decision will be issued separately.

COMMISSIONER

[1] [2016] FWC 2591

[2] Ibid

[3] PR745837

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