Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tomvald v Toll Transport Pty Ltd [2018] FCA 969 File number: NSD 2266 of 2017
Judge: BROMWICH J
Date of judgment: 29 June 2018
Catchwords: INDUSTRIAL LAW – interlocutory application to strike out pleadings or, alternatively, dismiss the proceedings – whether this proceeding seeks to litigate matters that were or should have been determined in related prior proceeding – whether this proceeding gives rise to res judicata, issue estoppel or abuse of process – where applicant alleges breaches of enterprise agreement and adverse action by employer in substantive proceeding, alleged to be based on facts subsequent in time to determination of prior proceeding – meaning of "like for like" in conversion from casual employment to permanent full-time employment – held: application to strike out pleadings granted in relation to one aspect of claim for seeking to litigate previously determined matter, denied in relation to three remaining aspects of claim
Legislation: Fair Work Act 2009 (Cth) ss 50, 340, 361, 570 Federal Court Rules 2011 (Cth) rr 16.21(1)(d), (f), 26.01(1)(d)
Cases cited: Tomvald v Toll Transport Pty Ltd [2017] FCA 1208
Date of hearing: 20 April 2018
Date of last submissions: 11 May 2018
Registry: New South Wales
Division: Fair Work
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 72
Counsel for the Applicant: Mr O Fagir
Solicitor for the Applicant: Workplace Advisory Group
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