Employment & Industrial Relations
About this NPA
The Employment and Industrial Relations National Practice Area (NPA) comprises of civil and criminal matters arising under the Fair Work jurisdiction and related legislation including:
- workplace-related applications
- writs of mandamus or prohibition
- injunctions
- declarations
- prosecutions
- matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.
Latest Judgments
- 17 May 2019:
Olson v Keefe (No 4) [2019] FCA 691
COSTS - where repeated attempts made by applicant to rectify pleadings - where applicant denied leave to file further amended statement of claim - whether costs of application should be awarded to the respondents on an indemnity basis - whether costs should be payable forthwith - held: indemnity costs ordered, not payable forthwith
Judge: Bromwich J - 13 May 2019:
Singh v Fair Work Ombudsman [2019] FCA 664
PRACTICE AND PROCEDURE - application for leave to appeal - whether effect of procedural orders was to abrogate the privilege against exposure to civil penalty - whether respondents have a right to elect not to file until close of the applicant's case - application for leave to appeal brought prematurely - application dismissed
Judge: Lee J - 10 May 2019:
Macushla Pty Ltd (Trading as Sunnytop Bakery Ciabatta Della Nonna) v El Souki [2019] FCA 643
COSTS - indemnity costs - whether or not appeal instituted vexatiously or without reasonable cause - appeal discontinued - whether or not appeal instituted for an improper purpose - whether or not appeal foredoomed to failure - sufficiency of reasons of trial judge - whether application for indemnity costs made vexatiously or without reasonable…
Judge: Snaden J
Latest Speeches & Papers
- 31 May 2018:
What will the Australian Competition Tribunal do now without Limited Merits Review?
Presented to the Federal Court by Justice Middleton
Practice Notes
- Central Practice Note (CPN-1)
- Employment and Industrial Relations Practice Note (E&IR-1)
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
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- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
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Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
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