Fair Work Ombudsman v Devine Marine Group Pty Ltd [2013] FCA 1135

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Devine Marine Group Pty Ltd [2013] FCA 1135 Citation: Fair Work Ombudsman v Devine Marine Group Pty Ltd [2013] FCA 1135

Parties: FAIR WORK OMBUDSMAN v DEVINE MARINE GROUP PTY LTD, BRETT BARRY DEVINE and ARTHUR BOUCAUT-JONES

File number: SAD 209 of 2013

Judge: WHITE J

Date of judgment: 4 November 2013

Catchwords: PRACTICE AND PROCEDURE – application by third respondent for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – whether pleadings of accessorial liability have reasonable prospect of success – whether essential elements of causes of action adequately pleaded – whether summary judgment appropriate in favour of one of three respondents. PRACTICE AND PROCEDURE – application by third respondent to strike out parts of statement of claim pursuant to Rule 16.21 of the Federal Court Rules 2011 – whether material facts necessary to give the opposing party fair notice of the case to be answered are stated. EMPLOYMENT – degree of knowledge required to establish accessorial liability under s 550 of the Fair Work Act 2009 (Cth) – whether question suitable for determination on a summary basis. Held: Paragraphs of the statement of claim are struck out, with leave to the applicant to re-plead. Summary judgment and strike out applications otherwise dismissed.

Legislation: Fair Work Act 2009 (Cth), ss 45, 46, 535, 546, 550, 570, 712 Federal Court of Australia Act 1976 (Cth), ss 31A, 32AB Federal Court Rules 2011, rules 16.01, 16.02, 16.21 Federal Magistrates Court Act 1999 (Cth), s 45