PRACTICE AND PROCEDURE – where contravention of a civil remedy provision previously found – where applicant seeks statutory compensation under s 545(1) of the Fair Work Act 2009 (Cth) – where new “logical counterfactual” argument raised by the respondent in closing submissions – overarching purpose of civil practice and procedure provisions considered – where in the interests of justice to allow the new argument in the circumstances – orders made
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0572
For more information, see the original judgement.