Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cavar v Nursing Australia [2012] FCA 338 Citation: Cavar v Nursing Australia [2012] FCA 338
Appeal from: Application for leave to appeal: Cavar v Nursing Australia [2011] FMCA 929
Parties: CELIA CAVAR v NURSING AUSTRALIA
File number: NSD 2214 of 2011
Judge: FLICK J
Date of judgment: 4 April 2012
Catchwords: INDUSTRIAL LAW – dismissal of general protections claim – respondent not the employer – no identification of the adverse action HUMAN RIGHTS – determination of claim by Federal Court – applicant had not made complaint to Australian Human Rights Commission – no jurisdiction to hear matter PRACTICE AND PROCEDURE – costs – proceeding instituted without reasonable cause
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Fair Work Act 2009 (Cth) ss 340, 341, 342, 351, 352, 365, 371, 570 Federal Court of Australia Act 1976 (Cth) s 24 Federal Magistrates Court Rules 2001 (Cth) r 13.10
Cases cited: ACE Insurance Ltd v Trifunovski [2012] FCA 235, cited Brilliant Digital Entertainment Pty Ltd v Universal Music Australia Pty Ltd [2004] FCAFC 270, 63 IPR 373, cited Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111, cited Cavar v Nursing Australia [2011] FMCA 929, cited Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (No 2) [2007] FCAFC 145, 166 IR 23, cited Creditors of Antal-Air Pty Ltd v Antal-Air Pty Ltd (admin apptd) [2004] FCAFC 303, 51 ACSR 473, cited Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257, considered Khiani v Australian Bureau of Statistics [2011] FCAFC 109, cited R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470, cited Rawson Finances Pty Limited v Deputy Commissioner of Taxation [2010] FCAFC 139, cited Sharp v Deputy Commissioner of Taxation (NSW) (1988) 19 ATR 908, 88 ATC 4184, cited
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