Wu v DSMJ Pty Ltd

FEDERAL COURT OF AUSTRALIA

Wu v DSMJ Pty Ltd [2024] FCA 661

Appeal from:

Wu v DSMJ Pty Ltd [2023] FedCFamC2G 1056

File number:

NSD 1449 of 2023

Judgment of:

KENNETT J

Date of judgment:

17 June 2024

Catchwords:

PRACTICE AND PROCEDURE – appeal from Federal Circuit and Family Court of Australia – application for appeal to be heard by Full Court of the Federal Court of Australia

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth) s 44

Fair Work Act 2009 (Cth) s 62

Federal Court of Australia Act 1976 (Cth) s 25

Universal Declaration of Human Rights 1948, (resolution 217A), adopted 10 December 1948  

Cases cited:

Dahler v Australian Capital Territory [2015] FCA 1303

SZOXP v Minister for Immigration and Border Protection [2015] FCA 183

SZTVU v Minister for Home Affairs [2018] FCA 1394

Division:

Fair Work Division

Registry:

New South Wales

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

12

Date of hearing:

17 June 2024

Counsel for the Appellant:

The appellant appeared in person.

Counsel for the First, Third, Fourth and Fifth Respondents:

VK Brigden

Solicitor for the First, Third, Fourth and Fifth Respondents:

People + Culture Strategies

Counsel for the Second Respondent:

The second respondent did not appear.

 

ORDERS

NSD 1449 of 2023

BETWEEN:

JIANHUA WU

Appellant

AND:

DSMJ PTY LTD

First Respondent

JOE COLON

Second Respondent

MEGAN FARRELL (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	KENNETT J
DATE OF ORDER:	17 JUNE 2024

THE COURT ORDERS THAT:

1.Prayer 2 of the Interlocutory Application filed on 19 May 2024 be dismissed.

2.Costs of today be reserved.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Revised from the transcript)

KENNETT J:

1. The appellant in this matter appeals from a judgment of the Federal Circuit and Family Court of Australia, Division 2 (the Circuit Court) dated 21 November 2023, in which that Court dismissed a claim for relief under the Fair Work Act 2009 (Cth) (the FW Act). The appellant filed an interlocutory application on 19 May 2024 seeking several orders, most of which were in substance final orders and not appropriate for an interlocutory application. At a hearing before a registrar on 31 May 2024 it was agreed that one aspect of the interlocutory application would be pressed at this stage. This was prayer 2 by which the appellant sought an order that the appeal be heard by a Full Court.

2. The appellant (who is unrepresented) and counsel for the first, third, fourth and fifth respondents made brief oral submissions on this issue before me this morning.

3. Section 25(1AA) of the Federal Court of Australia Act 1976 (Cth) provides that the appellate jurisdiction in an appeal from the Circuit Court is to be exercised by a single judge or, if a judge considers it appropriate, to be exercised by a Full Court. It is apparent from the terms of the section that the intention behind…