Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maher v Mulgowie Fresh Pty Ltd [2010] FCA 439 Citation: Maher v Mulgowie Fresh Pty Ltd [2010] FCA 439
Parties: JOHN MAHER v MULGOWIE FRESH PTY LTD (ACN 100 928 014)
File number: QUD 37 of 2010
Judge: COLLIER J
Date of judgment: 10 May 2010
Catchwords: PRACTICE AND PROCEDURE – commencement of proceedings under incorrect provisions of Fair Work Act 2009 (Cth) – application to amend substantive application – application for summary dismissal of substantive application – applicant forklift driver suffered from physical disability – applicant terminated from employment – application of s 723 Fair Work Act 2009 (Cth) – whether application doomed to fail because made under incorrect provisions of the Fair Work Act 2009 (Cth) – consideration of s 31A Federal Court of Australia Act 1976 (Cth) – consideration of O 13 r 2 Federal Court Rules – whether Court has power to order amendment of application to insert correct section of Fair Work Act 2009 (Cth) – whether Court should exercise discretion to grant leave to applicant to amend application
Legislation: Fair Work Act 2009 (Cth) Pt 3-1, Pt 6-4, ss 3, 13, 14, 342, 351, 365, 723, 769, 772, 773, 777 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O13 r 2, O 20 r 5 Explanatory Memorandum, Fair Work Bill 2008 (Cth) paras 1333, 1334, 1342
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 cited
Date of hearing: 23 March 2010
Place: Brisbane
Division: FAIR WORK DIVISION
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