Rane Labrum v Lexberg Pty Ltd (Receivers and Managers Appointed) T/A Highland Park Family Tavern & Wazza's Cellars

[2018] FWC 1478

[2018] FWC 1478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Rane Labrum
v
Lexberg Pty Ltd (Receivers and Managers Appointed) T/A Highland Park Family Tavern & Wazza’s Cellars
(U2012/3353)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 MARCH 2018

Application for an unfair dismissal remedy – voluntary liquidation – application dismissed.

[1] On 14 April 2014, Deputy President Gooley issued a decision 1 in relation to the application by Mr Rane Labrum for remedy from unfair dismissal.

[2] The decision stayed Mr Labrum’s application on the basis that Lexberg Pty Ltd (Receivers and Managers Appointed) t/a Highland Park Family Tavern & Wazza’s Cellars (Highland Park) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001,Mr Labrum’s application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 2 March 2018 and disclosed that Highland Park was deregistered on 21 April 2017.

[4] On 2 March 2018, the Fair Work Commission (Commission) wrote to Mr Labrum and advised him of Highland Park’s deregistration. The Commission further advised that no proceedings can continue against a deregistered company. On that basis, Mr Labrum was given an opportunity to file a Notice of Discontinuance. He was advised that if he did not do so by 9 March 2018, his application would be dismissed because it had no reasonable prospects of success. He did not respond to the correspondence or file a Notice of Discontinuance.

[5] In the circumstances, I am satisfied that Mr Labrum’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 Mr Labrum’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

<PR601104>

 1   [2014] FWC 2451.

 2 Ibid at [6].

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