Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registered Organisations Commissioner v Mijatov [2018] FCA 939 File number: NSD 2181 of 2016
Judge: BROMWICH J
Date of judgment: 22 June 2018
Catchwords: INDUSTRIAL LAW – penalty dispute arising from conceded liability for contraventions of care and diligence duties in relation to financial management of union under s 285(1) of Fair Work (Registered Organisations) Act 2009 (Cth) – failure to prepare and table budgets – agreed payment of back pay but disagreement as to entitlement - value of general deterrence for financial management contraventions – whether applicant discharged onus of showing failure of respondent to take necessary care in obtaining back payment and that resulting in payment without entitlement – whether any mitigating circumstances – held: onus discharged by applicant but seriousness of offence lessened by mitigating circumstances – held: penalties ordered totalling $2000
Legislation: Evidence Act 1995 (Cth) s 140(2) Fair Work (Registered Organisations) Act 2009 (Cth) ss 240, 285(1) Workplace Relations Act 1996 (Cth) Sch 1, ss 240, 285(1)
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 General Manager of the Fair Work Commission v McGiveron [2017] FCA 405 Hocking v Bell (1945) 71 CLR 430 Kelly v Fitzpatrick [2007] FCA 1080; 166 IR 14 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; 110 ALR 449 Rejfek v McElroy (1965) 112 CLR 517
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate