Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barnett v Territory Insurance Office [2011] FCA 155 Citation: Barnett v Territory Insurance Office [2011] FCA 155
Parties: PHILIP BARNETT v TERRITORY INSURANCE OFFICE
File number(s): VID 1045 of 2010
Judge: MARSHALL J
Date of judgment: 22 February 2011
Catchwords: PRACTICE AND PROCEDURE—Application by respondent for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976—or in the alternative to strike out pleadings under Order 11 Rule 16 (a) of the Federal Court Rules — whether a common law agreement is recognised as a "workplace instrument" for the purposes of the Fair Work Act 2009 (Cth) and whether applicant has no reasonable prospect of successfully prosecuting proceeding.
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Fair Work Act 2009 (Cth) Federal Court Rules – O 11 r16 (a)
Cases cited: Fair Work Ombudsman v Maclean Bay Pty Ltd [2010] FCA 1378 Field v Perpetual Ltd [2010] FCA 1001 Keynes v Rural Directions Pty Ltd (No 2) [2009] FCA 567 Spencer v The Commonwealth of Australia (2010) 241 CLR 118
Date of hearing: 22 February 2011
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Mr N Green QC and Mr T Martin
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondent: Mr A Foster
Solicitor for the Respondent: Foster Nicholson Legal
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 1045 of 2010
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