Spastic Society of Victoria Ltd v Ardelle [2001] FCA 70

FEDERAL COURT OF AUSTRALIA

Spastic Society of Victoria Ltd v Ardelle [2001] FCA 70 SPASTIC SOCIETY OF VICTORIA LTD v ARDELLE V 881 OF 2000 GRAY, BRANSON AND NORTH JJ 9 FEBRUARY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V881 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF

AUSTRALIA

BETWEEN: SPASTIC SOCIETY OF VICTORIA LTD

APPELLANT

AND: KIMRAY ARDELLE

FIRST RESPONDENT

GERALDINE ARDELLE

SECOND RESPONDENT

JUDGE: GRAY, BRANSON AND NORTH JJ

DATE OF ORDER: 9 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT the notice of appeal filed on 9 November 2000 be set aside. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V881 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF

AUSTRALIA

BETWEEN: SPASTIC SOCIETY OF VICTORIA LTD

APPELLANT

AND: KIMRAY ARDELLE

FIRST RESPONDENT

GERALDINE ARDELLE

SECOND RESPONDENT

JUDGE: GRAY, BRANSON AND NORTH JJ

DATE: 9 FEBRUARY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT THE COURT: 1 By notice of appeal filed on 9 November 2000, the Appellant sought to appeal from the whole of a judgment given by a single judge of the Federal Court of Australia on 20 October 2000. That judgment was given in a proceeding commenced by application filed on 7 September 1999. 2 The application described the proceeding as an application under s 178 of the Workplace Relations Act 1996 (Cth) ("the WR Act"). In the application, the two parties now named as respondents in the notice of appeal sought against the appellant: · the imposition of penalties pursuant to s 178(1) of the WR Act in respect of alleged breaches of two specified awards