Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Commonwealth of Australia (No 2) [2010] FCA 459 Citation: Comcare v Commonwealth of Australia (No 2) [2010] FCA 459
Parties: COMCARE and COMMONWEALTH OF AUSTRALIA
File number(s): VID 409 of 2008
Judge: NORTH J
Date of judgment: 10 May 2010
Catchwords: INDUSTRIAL LAW – occupational health and safety - request for adjournment based on the applicant considering that an appropriate undertaking is in force – undertaking complied with - application for discontinuance by consent – whether Court obliged to make a determination of contravention
Legislation: Occupational Health and Safety Act 1991 (Cth)
Date of hearing: 10 May 2010
Date of last submissions: 10 May 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr P. O'Grady
Solicitor for the Applicant: Thomson Playford Cutlers
Counsel for the Respondent: Mr R. Knowles
Solicitor for the Respondent: DLA Phillips Fox
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 409 of 2008
BETWEEN: COMCARE
Applicant
AND: COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: NORTH J
DATE OF ORDER: 10 MAY 2010
WHERE MADE: MELBOURNE
THE COURT ORDERS BY CONSENT THAT:
1. The proceeding is discontinued. 2. There be no order as to costs.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
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