Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Newton v Australian Postal Corporation [2018] FCA 2007 File number: VID 876 of 2017
Judge: BROMBERG J
Date of judgment: 7 December 2018
Catchwords: PRACTICE AND PROCEDURE – trial of proceeding seeking, amongst other things, various remedies under the Fair Work Act 2009 (Cth) ("FW Act") against four respondents – where at close of case by the applicant a no case to answer submission ("no case submission") is made by some but not all of the respondents – whether a respondent that has tendered a documentary exhibit retains a capacity to make a no case submission – whether in the exercise of the Court's discretion, the Court should permit a no case submission to be made – principles related to whether a no case submission should be entertained when made by some but not all respondents – no case submission not entertained
Legislation: Fair Work Act 2009 (Cth), ss 348 and 355
Cases cited: BHP Steel (RP) Pty Ltd trading as BHP Reinforcing Products v ABB Engineering Construction Pty Ltd [2001] WASCA 294 J Corp Pty Ltd v BLF (No 2) (1992) 38 FCR 458 James v ANZ Banking Group Limited (1986) 64 ALR 347 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No. 4) [2011] FCA 618 Menzies v Australian Iron and Steel Ltd (1952) 52 SR (NSW) 62 Rasomen v Shell Company of Australia (1997) 75 FCR 216 Tru Floor Service Pty Ltd v Jenkins (No 2) [2006] FCA 632 Wickstead v Browne (1992) 30 NSWLR 1
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