Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Victorian Xray Group Pty Ltd v Ho [2020] FCA 27 Appeal from: Industrial Division of the Magistrates' Court of Victoria (J13120311/2019, Orders of 20 August 2019)
File number: VID 1008 of 2019
Judge: STEWARD J
Date of judgment: 24 January 2020
Catchwords: PRACTICE AND PROCEDURE – appeal from decision of magistrate sitting in the Industrial Division of the Magistrates' Court of Victoria – notice of objection to competency – whether appeal lies to the Federal Court by reason of s. 565 of the Fair Work Act 2009 (Cth) – whether the magistrate was exercising jurisdiction under the Fair Work Act 2009 (Cth) – whether matter simply concerned contractual enforcement
Legislation: Acts Interpretation Act 1901 (Cth) s. 2B Fair Work Act 2009 (Cth) ss. 113, 565, 570 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Judiciary Act 1903 (Cth) s. 39 Magistrates' Court Act 1989 (Vic) s. 4
Cases cited: Bannon v. Nauru Phosphate Royalties Trust [2019] VSCA 303 Elders Ltd v. Swinbank (2000) 96 FCR 303 Maughan Thiem Auto Sales Pty Ltd v. Cooper (2013) 216 FCR 197 Moorgate Tobacco Co Ltd v. Philip Morris Ltd (1980) 145 CLR 457 Plancor Pty Ltd v. Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357 Treasury Wine Estates Vintners Ltd v. Pearson [2019] FCAFC 21 Tucker v. State of Victoria [2019] VSC 481
Date of hearing: 18 December 2019
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