Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bellia v Commissioner of Fair Work Australia [2010] FCA 1416 Citation: Bellia v Commissioner of Fair Work Australia [2010] FCA 1416
Parties: ANDREA BELLIA v COMMISSIONER OF FAIR WORK AUSTRALIA and ASSISI CENTRE INC
File number: VID 1074 of 2010
Judge: DODDS-STREETON J
Date of judgment: 10 December 2010
Catchwords: INDUSTRIAL LAW – interim injunction sought to restrain Commissioner of Fair Work Australia from further hearing an unfair dismissal proceeding, until determination of Federal Court application to permanently restrain Commissioner – injunction sought on basis of bias on the part of the Commissioner who then refused to recuse himself – no material prejudice to the applicant if injunction were not granted – time wasting and repetition insufficient for balance of convenience purposes – application refused.
Legislation: Fair Work Act 2009 (Cth), ss 590, 604, 606 Judiciary Act 1903 (Cth), s 39B
Cases cited: Australia Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Construction, Forestry, Mining and Energy Union v Yallourn Energy Pty Ltd (2000) 106 IR 234 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Date of hearing: 10 December 2010
Date of last submissions: 10 December 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr T Hurley
Counsel for the Second Respondent: Mr M Rinaldi
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