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Hebashy v SGS Australia Pty Ltd [2024] FCA 28
PRACTICE AND PROCEDURE – application for summary dismissal of the proceedings – whether the pleadings are vague, ambiguous and do not disclose a cause of action – insufficient and deficient pleadings – insufficient and deficient amended pleadings – no reasonable prospect of success – application for summary dismissal granted EMPLOYMENT AND INDUSTRIAL RELATIONS – allegation…
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Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1
INDUSTRIAL LAW – Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – whether primary judge erred in finding visitor entry and conduct requirements were occupational health and safety requirements for the purposes of s 499 of the Fair Work Act 2009 (Cth) – whether primary judge erred in…
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Precious Family Day Care Pty Ltd v Secretary, Department of Education [2024] FCA 20
ADMINISTRATIVE LAW – whether Administrative Appeals Tribunal denied the applicant procedural fairness- where Tribunal found that the person with management or control of the applicant was an “integral staff member” of Golden Heart Family Day Care Pty Ltd which had been non-?compliant with the family assistance law and this factor weighed moderately against granting the…
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Dixon v United Workers Union [2023] FCA 1526
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief to restrain first respondent from terminating applicants’ employment, from subjecting applicants to a “show cause” process and from continuing applicants’ suspension – whether there is a prima facie case that favours injunctive relief – alleged contravention of s 340(1) of Fair Work Act 2009 (Cth)…
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Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311
INDUSTRIAL LAW – breach of award and statutory obligation – failure to pay superannuation – injury suffered at work – compensation for lost opportunity to make insurance claim – default judgment – assessment of loss – value of lost opportunity – compensation and interest awarded Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1311For more information, see the original…
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