Federal Court of Australia
Federal Court of Australia
Security & Technology Services (NT) Pty Ltd v Hurley [2022] FCAFC 90 Appeal from: Hurley v Security & Technology Services (NT) Pty Ltd [2021] FedCFamC2G 181 Hurley v Security & Technology Services (NT) Pty Ltd [2021] FedCFamC2G 387
File number(s): NSD 1244 of 2021
Judgment of: KATZMANN, O'CALLAGHAN AND THOMAS JJ
Date of judgment: 18 May 2022
Catchwords: APPEAL AND NEW TRIAL — appeal from two judgments of Federal Circuit and Family Court of Australia (Division 2) finding appellant contravened s 44 of Fair Work Act 2009 (Cth) and ordering it to pay compensation, pecuniary penalties, and costs — where, after a day's hearing, the parties submitted consent orders allowing the appeal and remitting the matter for rehearing by a different judge on the basis that the primary judge excessively, unduly and improperly intervened in conduct at trial which unfairly undermined the proper presentation of the appellant's case, gave the appearance of bias, and was an egregious departure from the proper role of the judge — whether proposed orders appropriate
Legislation: Fair Work Act 2009 (Cth) ss 44, 117, 545(2)(b), 546(3)(c) Federal Proceedings (Costs) Act 1981 (Cth) ss 6, 8
Cases cited: Gambaro v Mobycom Mobile Pty Ltd (2019) 271 FCR 530 Jorgensen v Fair Work Ombudsman (2019) 271 FCR 461
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 16
Date of hearing: 17–18 May 2022
Counsel for the Appellant: Mr M Seck
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