Munaretti v ASC Fountain Gate [2019] FCA 949

FEDERAL COURT OF AUSTRALIA

Munaretti v ASC Fountain Gate [2019] FCA 949 File number: VID 31 of 2019

Judge: WHEELAHAN J

Date of judgment: 18 June 2019

Catchwords: PRACTICE AND PROCEDURE – transfer of proceeding to Federal Circuit Court – where issue with potential importance is necessary to determine – proceeding not transferred – no order as to costs.

Legislation: Federal Court of Australia Act 1976 (Cth) s 32AB Federal Court Rules 2011 (Cth) r 27.12

Cases: Fair Work Ombudsman v Ecosway Pty Ltd [2015] FCA 102 Heldberg v Rand Transport (1986) Pty Ltd [2018] FCA 1141

Date of hearing: 22 March 2019

Date of last submissions: 31 March 2019

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: Ms M Paszkiewicz

Solicitor for the Applicant: McDonald Murholme

Counsel for the Respondent: Mr M Stirling

Solicitor for the Respondent: Gilchrist Connell

ORDERS VID31 of 2019

BETWEEN: ABIR MUNARETTI Applicant

AND: ASC FOUNTAIN GATE PTY LTD (ACN 610 278 709) Respondent

JUDGE: WHEELAHAN J DATE OF ORDER: 18 June 2019

THE COURT ORDERS THAT:

1. On or before 4.00pm on 12 July 2019 the parties submit a consent minute, or if they are unable to consent, separate minutes of proposed orders for the further conduct of the proceeding in this Court so that further directions may be determined in Chambers on the papers. 2. There be no order as to costs of the question of transfer of the proceeding to the Federal Circuit Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.