Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Potter v Fair Work Ombudsman [2014] FCA 1171 Citation: Potter v Fair Work Ombudsman [2014] FCA 1171
Appeal from: Fair Work Ombudsman v Quincolli Pty Ltd [2011] FMCA 139
Parties: JUDITH MADGE POTTER v FAIR WORK OMBUDSMAN
File number(s): NSD 249 of 2013
Judge(s): YATES J
Date of judgment: 7 November 2014
Catchwords: PRACTICE AND PROCEDURE – applications for disbursement of moneys paid into Litigant's Fund
Legislation: Workplace Relations Act 1996 (Cth) Fair Work Act 2009 (Cth)
Cases cited: Fair Work Ombudsman v Quincolli Pty Ltd [2011] FMCA 139 Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321 David Securities Pty Limited v Commonwealth Bank of Australia (1992) 175 CLR 353
Date of hearing: 29 October 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
The Appellant: In person
Counsel for the Respondent: Ms C Howell
Solicitor for the Respondent: Office of the Fair Work Ombudsman
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 249 of 2013
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: JUDITH MADGE POTTER
Appellant
AND: FAIR WORK OMBUDSMAN
Respondent
JUDGE: YATES J DATE OF ORDER: 7 NOVEMBER 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appellant's application dated 4 April 2014 be dismissed. 2. The stay on 11 April 2013 of Orders 1 to 39 and 45 made by the Federal Magistrates Court of Australia (the Federal Magistrates Court) on 18 February 2013 (proceeding number SYG1898 of 2010) be lifted. 3. Pursuant to rule 2.43 of the Federal Court Rules 2011, the money paid into the Litigant's Fund on 19 April 2013 by Quincolli Pty Ltd (in liquidation) (the company) in the amount of $20,762.00 be paid from the Litigant's Fund to the Consolidated Revenue Fund of the Commonwealth of Australia within 28 days of the date of this order. 4. The money paid pursuant to Order 3 above, in part payment of Orders 1 to 33 made by the Federal Magistrates Court on 18 February 2013, be disbursed by the respondent to the former employees of the company named in the Schedule to these orders, such payments to be made in the amounts specified in column 5 therein. 5. Payment to the former employees referred to in Order 4 above be made within 90 days of the date of this order. 6. If at the expiration of the 90 day period provided in Order 5 above, the respondent is unable to locate any former employee named in the Schedule to make payment in accordance with Orders 4 and 5 above, any amount owed to the former employee is to remain in the Consolidated Revenue Fund of the Commonwealth as unclaimed moneys pursuant to s 726 of the Workplace Relations Act 1996 (Cth) and s 559(1) of the Fair Work Act 2009 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule 1 2 3 4 5 No. Former employee of Quincolli Pty Ltd Outstanding underpayment Underpayment as percentage of total underpayment of $193,419.36 Amount owing to employees being percentage of total underpayment applied to Stay Monies of $20,762 (to 2 decimal places) 1 Linda Jean Albany $3,545.67 1.83% $380.60 2 Melanie Rachel Barry $6,367.72 3.29% $683.52 3 Wendy Buck $41.87 0.02% $4.49 4 Karen Maree Defries $1,400.12 0.72% $150.29 5 Theresa Johanna Duits $12,191.20 6.30% $1,308.63 6 Amy Rose Farnham $2,403.82 1.24% $258.03 7 Fiona Maree Fehrenbach $247.62 0.13% $26.58 8 Maria Assunta Gambone $7,050.05 3.64% $756.77 9 Jillianne Fay Garratty $14,160.14 7.32% $1,519.98 10 Maureen Mary Heron $6,061.11 3.13% $650.61 11 Janel Maree Hyam $16,119.91 8.33% $1,730.34 12 Naomi Hyam $1,303.16 0.67% $139.88 13 Sarah Jane Irvine $14,692.90 7.60% $1,577.16 14 Luseane Kanongata'a $3,649.73 1.89% $391.77 15 Megan Kelly $76.76 0.04% $8.24 16 Christine Mary Kiely $11,124.57 5.75% $1,194.13 17 Leanne Karen Laverty $2,986.11 1.54% $320.53 18 Jade Leece $1,661.99 0.86% $178.40 19 Jo-Ann Lewis $8,462.93 4.38% $908.43 20 Nadine Wendy Maguire $43.61 0.02% $4.68 21 Tina Lee Malady $8,306.74 4.29% $891.66 22 Christopher Rene Martens $5,454.58 2.82% $585.50 23 Barbara Ann Maybury $3,784.03 1.96% $406.18 24 Paul Vincent Meagher $9,401.13 4.86% $1,009.14 25 Tania Morandini $961.40 0.50% $103.20 26 Anne Patricia Nute $835.89 0.43% $89.73 27 Belinda Michelle Oxford $5,652.12 2.92% $606.71 28 Leanne Toni Perry $1,060.61 0.55% $113.85 29 Lynette Richardson $17,467.04 9.03% $1,874.95 30 Susan Carol Roy $10,695.70 5.53% $1,148.10 31 Diane Margaret Sprott $150.03 0.08% $16.10 32 Tracy Kaye Walsh $12,291.99 6.36% $1,319.45 33 Kane Wilkins $3,767.11 1.95% $404.37 TOTALS $193,419.36 100% $20,762.00
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate