Pugliese v Paull

Case [2011] FMCA 95


FEDERAL MAGISTRATES COURT OF AUSTRALIA

PUGLIESE v PAULL [2011] FMCA 95

INDUSTRIAL LAW – Alleged unlawful termination – application for non-lawyer to appear for respondent.

PRACTICE AND PROCEDURE – Application for non-lawyer to appear for respondent – respondent an individual – non-lawyer employee of organisation – organisation not a registered organisation – whether non-lawyer employee of unregistered organisation has a right to appear.

WORDS AND PHRASES – “authorises”.

Australian Human Rights Commission Act 1986 (Cth), s.46PQ(1)(c)
Disability Discrimination Act 1992 (Cth)
Fair Work Act 2009 (Cth), ss.352, 596(1), (2) and (4), 777
Fair Work (Registered Organisations) Act 2009 (Cth), ss.6, 353A
Fair Work Regulations 2009 (Cth), reg.3.01
Federal Magistrates Act 1999 (Cth), s.44
Federal Magistrates Court Rules 2001 (Cth), r.9.04
Industrial Relations Act 1979 (WA), s.81E
Workplace Relations Act 1996 (Cth), ss.100, 684, 854(10)(b) and (12), Schedule 1, Chapter 1, cl.6
Alcantara & Anor v Buildpower Pty Ltd (2010) 199 IR 73; [2010] FMCA 626
DJL v Central Authority (2000) 201 CLR 226; [2000] HCA 17
Fair Work Ombudsman v Finetune Holdings Pty Ltd & Anor [2010] FMCA 889
Jackson v Sterling Industries Ltd (1986) 69 ALR 92
Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Parsons v Martin (1984) 5 FCR 235
P v R [2002] FMCAfam 65
Re Read (2007) 164 FCR 237; [2007] FCA 1985
Rentuza v Westside Auto Wholesale (2009) 236 FLR 231; [2009] FMCA 1022
Reynolds v The Minister for Health & Anor [2010] FMCA 843
Schueler & Anor v Smith & Ors [2010] FMCA 777
Skipworth v State of Western Australia (No. 2) (2008) 218 FLR 16; [2008] FMCA 544
Temby & Anor v Chambers Investment Planners Pty Ltd & Anor [2010] FMCA 783
VTAG v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 141 FCR 291; [2005] FCAFC 91
DC Pearce & R Geddes, Statutory Interpretation in Australia (6th Edn) (Chatswood: LexisNexis Australia, 2006)
J Tarrant, Amending Final Judgments and Orders (Sydney: Federation Press, 2010)
The Shorter Oxford English Dictionary on Historical Principles (3rd Edn) (Oxford: Clarendon Press, 1984)
Applicant: ELIGIEO LUCIANO PUGLIESE
Respondent: DAVID KEVIN PAULL
File Number: PEG 172 of 2010
Judgment of: Lucev FM
Hearing date: 14 February 2011
Date of Last Submission: 14 February 2011
Delivered at: Perth
Delivered on: 25 February 2011

REPRESENTATION

Counsel for the Applicant: Mr P J Griffin
Solicitors for the Applicant: Peter J Griffin & Co
For the Respondent: Mr R Gifford (by leave to argue the application for leave to represent only)

ORDERS

  1. That the respondent’s application in a case filed 20 December 2010 be dismissed.

  2. The matter be adjourned to a directions hearing at 9.00am on 11 March 2011.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT PERTH

PEG 172 of 2010

ELIGIEO LUCIANO PUGLIESE

Applicant

And

DAVID KEVIN PAULL

Respondent

REASONS FOR JUDGMENT

Application in a case

  1. The respondent, who is an individual, seeks to have Rodney Hudson Gifford, a non-lawyer employee of an organisation not registered under the Fair Work (Registered Organisations) Act

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Details
AGLC
Pugliese v Paull [2011] FMCA 95
Case
[2011] FMCA 95
Decision Date

CaseChat Overview and Summary

Pugliese v Paull involved an application by the respondent, Paull, for a non-lawyer to appear on their behalf in a dispute over the alleged unlawful termination of the applicant’s employment. The case was heard in the Federal Circuit Court of Australia. The applicant, Pugliese, sought an order for reinstatement and compensation, as well as aggravated and exemplary damages. The application for the non-lawyer to appear was necessary because the respondent, Paull, was an individual and not represented by an organisation that could potentially be a registered entity, such as a trade union. The non-lawyer in question was an employee of an unregistered organisation, and the central legal issue was whether such a non-lawyer could represent a respondent in the court.

The court considered the relevant statutory provisions and whether they permitted a non-lawyer employee of an unregistered organisation to represent a respondent. The court found that the statutory language did not explicitly include non-lawyers as those who could represent respondents. The court held that the term “authorises” in the statute did not extend to allowing non-lawyers to appear on behalf of respondents. Consequently, the court dismissed the application for the non-lawyer to represent the respondent.

The court ordered that the respondent’s application be dismissed and that the matter be adjourned to a directions hearing. The directions hearing was set for 9.00am on 11 March 2011, providing an opportunity for the parties to address the procedural and substantive issues in the case. This decision underscored the importance of adherence to the statutory requirements governing representation in employment disputes and highlighted the limitations on who can appear on behalf of a respondent in such cases.

Orders

Orders of the court

1.

That the respondent’s application in a case filed 20 December 2010 be dismissed.

2.

The matter be adjourned to a directions hearing at 9.00am on 11 March 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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