Fair Work Ombudsman v Al Hilfi [2012] FCA 1166

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Al Hilfi [2012] FCA 1166 Citation: Fair Work Ombudsman v Al Hilfi [2012] FCA 1166

Parties: FAIR WORK OMBUDSMAN v AHMAD HAMID MOHAMMED AL HILFI, NIDAL ALBAROUKI, CLENCY FERRIERE and COLES SUPERMARKETS AUSTRALIA PTY LTD ABN 45 004 189 708 FAIR WORK OMBUDSMAN v AYAM RAHMAH AL BASRY, NIDAL ALBAROUKI, CLENCY FERRIERE and COLES SUPERMARKETS AUSTRALIA PTY LTD ABN 45 004 189 708

File numbers: SAD 27 of 2012 SAD 109 of 2012

Judge: BESANKO J

Date of judgment: 26 October 2012

Catchwords: PRACTICE AND PROCEDURE – application by fourth respondent for summary judgment pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) – where Ombudsman seeks orders and declarations against fourth respondent pursuant to ss 45, 546 and 550 of Fair Work Act 2009 (Cth) – whether pleaded causes of action have reasonable prospect of success – whether essential elements of causes of action adequately pleaded. PRACTICE AND PROCEDURE – statement of claim – strike out application pursuant to Rule 26.01 of Federal Court Rules 2011 (Cth) – whether pleading contains embarrassing conflation of allegations – whether pleading with respect to paragraphs 550(2)(a) and (b) of Fair Work Act 2009 (Cth) discloses reasonable cause of action in absence of plea of positive act by fourth respondent. Held: The application for summary judgment is allowed insofar as it relates to the fourth respondent's alleged involvement in contraventions of ss 536(1) and 535(1) of the Fair Work Act. The application is otherwise dismissed. The application for striking out pleadings is allowed with respect to the pleading of paragraphs 550(2)(a) and (b) of the Fair Work Act.