Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
General Manager of Fair Work Commission v Australian Nursing and Midwifery Federation [2017] FCA 195 File number: WAD 470 of 2015
Judge: GILMOUR J
Date of judgment: 3 March 2017
Catchwords: PRACTICE AND PROCEDURE – liability and penalties – Federal Court Rules 2011 (Cth) r 30.01 – whether the question of penalties for one respondent that has accepted liability should be heard before the determination of liability for another respondent where there is alleged co-contravention by those respondents
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 253, 265, 266, 285 Federal Court Rules 2011 (Cth) rr 1.31, 1.32, 30.01
Date of hearing: Determined on the papers
Date of last Submissions: 22 December 2016
Registry: Western Australia
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr J Fetter
Solicitor for the Applicant: Clayton Utz
Counsel for the First Respondent: Mr E White
Counsel for the Second Respondent: Ms B Burke
ORDERS WAD 470 of 2015
BETWEEN: GENERAL MANAGER OF FAIR WORK COMMISSION Applicant
AND: AUSTRALIAN NURSING AND MIDWIFERY FEDERATION First Respondent MARK OLSEN Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 3 March 2017
THE COURT ORDERS THAT:
1. The hearing to determine any penalties which may be imposed upon the first and second respondents respectively be deferred until after the conclusion of the liability hearing in the case concerning the second respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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