Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Milardovic v Vemco Services Pty Ltd (Administrators Appointed) (No 2) [2016] FCA 244 File number: VID 42 of 2015
Judge: MORTIMER J
Date of judgment: 16 March 2016
Catchwords: INDUSTRIAL LAW – penalties – contravention of National Employment Standards pursuant to s 44(1) of the Fair Work Act 2009 (Cth) – failure to pay redundancy pay contrary to s 119(1) of the Fair Work Act – effect of first respondent being placed in administration – relevance of insolvency to imposition of penalty CORPORATIONS – whether s 546(4) of the Fair Work Act has effect that penalties imposed under the Act are provable in winding up of company despite s 553B of the Corporations Act 2001 (Cth) CORPORATIONS – where leave to proceed against a company in administration granted pursuant to s 440D(1)(b) of the Corporations Act – where leave granted on the basis that company would be indemnified by insurer – where no admissible evidence subsequently before the Court regarding position of insurer COSTS – costs sought under s 570(2)(b) of the Fair Work Act – whether refusal of settlement offer was an unreasonable act
Legislation: Competition and Consumer Act 2010 (Cth) s 79A(1)(d) Corporations Act 2001(Cth) ss 440D(1)(b), 553B, 553B(1), 1317G(2) Fair Work Act 2009 (Cth) ss 44(1), 119(1), 361, 546(3), 546(4), 549, 570(1), 570(2), 570(2)(b) Federal Court of Australia Act 1976 (Cth) s 53(1) Insurance Contracts Act 1984 (Cth) s 48 Spam Act 2003 (Cth) Trade Practices Act 1974 (Cth) s 48
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