Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sullivan v North West Crewing Pty Ltd [2016] FCA 1130 File number(s): WAD 158 of 2016
Judge(s): MCKERRACHER J
Date of judgment: 16 September 2016
Catchwords: INDUSTRIAL LAW – practice and procedure – application for summary dismissal – where self-represented litigant – where significant procedural difficulties – whether no reasonable cause of action – whether no reasonable prospects of success – whether abuse of process COSTS – whether respondent entitled to costs – whether application governed by s 570 of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 394, 563, 570 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 8.05(1)(a), 16.02, 26.01, 40.01 Judiciary Act 1903 (Cth) s 39B
Cases cited: Eliana Construction and Developing Group Pty Ltd v Moghimi [2016] FCAFC 113 Sullivan v North West Crewing Pty Ltd [2015] FWC 8559 Sullivan v North West Crewing Pty Ltd [2016] FWCFB 1068
Date of hearing: 8 September 2016
Registry: Western Australia
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicant: The Applicant appeared in person
Counsel for the First Respondent: Ms H Millar
Solicitor for the First Respondent: Herbert Smith Freehills
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