Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barnes v Hatch Associates Pty Ltd [2017] FCA 434 Appeal from: Barnes v Hatch Associates Pty Ltd [2015] FCCA 3375
File numbers: QUD 60 of 2016 QUD 180 of 2016
Judge: LOGAN J
Date of judgment: 28 April 2017
Catchwords: INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – workplace rights and responsibilities – general protections – adverse action – whether adverse action taken for prohibited reason – prejudicial alteration of position – whether Jones v Dunkel (1959) 101 CLR 298 inference could be drawn in relation to alleged failure of respondent to call certain evidence – relevant decision-makers called by employer – Jones v Dunkel inapplicable APPEAL AND NEW TRIAL – appeal from Federal Circuit Court of Australia – rehearing – trial judge's assessment of credibility of witnesses – applicable principles in respect of exercise of appellate jurisdiction in relation to credibility assessment COSTS – procedural fairness – departure by court from understanding engendered in parties by representation of judge's associate – resultant denial of procedural fairness
Legislation: Fair Work Act 2009 (Cth) ss 340, 342, 361, 570 Federal Court of Australia Act 1976 (Cth) s 24 Federal Circuit Court of Australia Act 1999 (Cth) s 76 Veterans' Entitlements Act 1986 (Cth)
Cases cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 British Aircraft Corporation Ltd v Austin [1978] IRLR 332 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Commonwealth Bank of Australia v Barker (2014) 253 CLR 169 Fox v Percy (2003) 214 CLR 118 International Finance Trust Company Ltd v New South Wales Crime Commission (2009) 240 CLR 319 Jones v Australian Competition and Consumer Commission (2010) 189 FCR 390 Jones v Dunkel (1959) 101 CLR 298 Malik v Bank of Credit and Commerce International SA (in liq) [1998] AC 20 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Shrestha v Migration Review Tribunal (2015) 229 FCR 301 SZRPT v Minister for Immigration and Border Protection [2014] FCA 24 Warren v Coombes (1979) 142 CLR 531 Woods v W M Car Services (Peterborough) Ltd [1981] ICR 666
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