The Director of the Fair Work Building Industry Inspectorate v Linkhill Pty Ltd (No.5)

The Director of the Fair Work Building Industry Inspectorate (the Director) brought proceedings against Linkhill Pty Ltd (Linkhill) alleging breaches of the *Workplace Relations Act 1996* (Cth) and the *Fair Work Act 2009* (Cth), specifically concerning allegations of sham contracting. The matter came before Judge O’Sullivan.

During the ongoing trial, Linkhill made two oral applications: first, for the issue of a subpoena, and second, for a direction for mediation. These applications were subsequently dismissed by the court.

The court was required to determine whether to grant Linkhill's applications for the issue of a subpoena and for a direction for mediation during the trial. The court's reasoning for dismissing these applications was based on the timing and nature of the requests. The court considered that the applications were made at a late stage in the proceedings, and that the proposed subpoena was sought in circumstances that did not satisfy the requirements for its issuance. Furthermore, the court determined that a direction for mediation was not appropriate at that juncture of the trial.