Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908

FEDERAL COURT OF AUSTRALIA

Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908 Citation: Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908

Parties: AMANDA MURRIHY v BETEZY.COM.AU PTY LTD (ACN 126 953 526) and BETEZY PTY LTD (ACN 124 095 709)

File number: VID 50 of 2012

Judge: JESSUP J

Date of judgment: 10 September 2013

Catchwords: CONTRACTS – applicant and respondents entered into agreements entitling applicant to commission calculated as percentage of net gaming and wagering revenue – applicant not paid commissions – whether agreements void for uncertainty – matters relevant to calculation of applicant's entitlement to commission under agreements – whether applicant entitled to specific performance or equitable damages in place thereof INDUSTRIAL LAW – claim that respondents contravened s 340 of Fair Work Act 2009 (Cth) by threatening to fire applicant if applicant sought legal advice – whether threat was made – whether complaint to solicitor involved exercise of workplace right within meaning of s 341 of Fair Work Act 2009 (Cth) INDUSTRIAL LAW – claim that respondents contravened s 340 of Fair Work Act 2009 (Cth) by removing applicant's access to respondents' computer systems and ceasing to pay applicant's salary upon applicant obtaining legal advice – respondents claim action taken because of applicant's alleged misuse of Cabcharge facilities – whether respondents took action against applicant because applicant obtained legal advice

Legislation: Acts Interpretation Act 1901 (Cth), s 15AB Federal Court of Australia Act 1976 (Cth), s 51A Fair Work Act 2009 (Cth), ss 323,340, 341, 342, 343, 360. 361, 536, 545, 547 Fair Work Regulations 2009 (Cth), reg 3.43 Judiciary Act 1903 (Cth), s 79 Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Guarantee Charge Act 1992 (Cth) Supreme Court Act 1986 (Vic), s 38 Workplace Relations Act 1996 (Cth), ss 659, 793