Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ermel v Duluxgroup (Australia) Pty Ltd [2014] FCA 1399 Citation: Ermel v Duluxgroup (Australia) Pty Ltd [2014] FCA 1399
Parties: STEVEN ERMEL v DULUXGROUP (AUSTRALIA) PTY LTD
File number: VID 792 of 2013
Judge: BROMBERG J
Date of judgment: 16 December 2014
Catchwords: PRACTICE AND PROCEDURE – whether hearing of trial should be vacated to facilitate amendment of pleadings to raise new issues and additional material facts – lack of adequate explanation, substantial delay, prejudice to respondent and case management considerations discussed – application rejected.
Legislation: Fair Work Act 2009 (Cth) ss 340(1)(a), 341, 352, 542, 570
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Date of hearing: 16 December 2014
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr C Gunst QC with Mr R Millar
Solicitor for the Applicant: McDonald Murholme
Counsel for the Respondent: Mr J Tracey
Solicitor for the Respondent: HR+WorkLaw
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 792 of 2013
BETWEEN: STEVEN ERMEL
Applicant
AND: DULUXGROUP (AUSTRALIA) PTY LTD
Respondent
JUDGE: BROMBERG J DATE OF ORDER: 16 December 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's application that the trial be vacated is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 792 of 2013
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