Federal Court of Australia
FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – motion to set aside declarations and orders made by Judicial Registrar – whether applicant worked for respondent for less than six months – whether applicant was a casual employee – whether applicant has remedy under Regulation 30B of Workplace Relations Regulations Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) (Cth) Workplace Relations Regulations (formerly Industrial Relations Regulations) (Cth), Reg 30B
CHARLES MARLIN v
CRYSTAL CARWASH CAFÉ
NI 4491 of 1995
O'CONNOR J
SYDNEY
28 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI 4491 of 1995
BETWEEN: CHARLES MARLIN
Applicant
AND: CRYSTAL CAR WASH CAFE
Respondent
JUDGE: O'CONNOR J
DATE OF ORDER: 28 SEPTEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The declarations and orders made by Judicial Registrar McIlwaine on 15 January 1998 be set aside. 2. The application be dismissed with costs. NOTE: SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI 4491 of 1995
BETWEEN: CHARLES MARLIN
Applicant
AND: CRYSTAL CAR WASH CAFE
Respondent
JUDGE: O'CONNOR J
DATE: 28 SEPTEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT This matter concerns a Notice of Motion filed on behalf of the respondent moving the Court to set aside the declarations and orders made by Judicial Registrar McIlwaine of the Industrial Relations Court on 15 January 1998 and to have the matter reviewed by a Federal Court Judge.
BACKGROUND On 20 November 1995 the applicant filed an application in the Industrial Relations Court claiming unlawful termination of his employment as a "car washer" by his former employer, the respondent, under Division 3 Part VIA of the Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) (Cth) ("the Act"). The matter was listed before the Australian Industrial Relations Commission for conciliation but without success and was then referred to Judicial Registrar McIlwaine for determination. On 15 January 1998, Judicial Registrar McIlwaine delivered his reasons for judgment in this matter making declarations and orders in favour of the applicant.
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