Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Brown-Denarusha Pty Ltd [2015] FCA 1365 Citation: Brown v Brown-Denarusha Pty Ltd [2015] FCA 1365
Parties: ADRIAN BROWN v BROWN-DENARUSHA PTY LTD and DENSIL HICKMAN
File number: VID 416 of 2015
Judge: TRACEY J
Date of judgment: 14 August 2015
Catchwords: INDUSTRIAL LAW – application for interlocutory order for reinstatement to former employment – whether serious question to be tried – whether balance of convenience favours granting of interlocutory relief
Legislation: Fair Work Act 2009 (Cth) s 351(2)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – cited
Date of hearing: 14 August 2015
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr N Harrington
Solicitor for the Applicant: Harrick Lawyers
Counsel for the Respondents: Mr C O'Grady
Solicitor for the Respondents: Baker and Mackenzie
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 416 of 2015
BETWEEN: ADRIAN BROWN
Applicant
AND: BROWN-DENARUSHA PTY LTD
First Respondent
DENSIL HICKMAN
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 14 AUGUST 2015 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for interlocutory relief be refused. 2. Pursuant to r 28.03 of the Federal Court Rules, the proceeding be referred to mediation by a Registrar of the Court. The mediation be conducted on 10 September 2015 at 9:30 am before Registrar Ryan. In the event that the matter does not settle at the conclusion of the initial mediation, the Registrar conduct a case management conference immediately following the mediation to consider the most economic and efficient means of bringing the proceedings to trial and of conducting the trial, at which conference the Registrar may give further directions. The mediator is to report the result of the mediation / case management conference to the Court as soon as possible after the mediation. 3. The applicant file and serve a statement of claim on or before 28 August 2015. 4. The respondents file and serve any defence to the statement of claim on or before 8 September 2015. 5. The applicant file and serve any further material upon which he seeks to rely at trial on or before 25 September 2015. 6. The respondents file and serve any further material upon which either of them seeks to rely at the trial on or before 9 October 2015. 7. The applicant file and serve any material in reply on or before 23 October 2015. 8. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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