Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rooney v AGL Energy Limited (No 2) [2020] FCA 942 File number: VID 1024 of 2017
Judge: SNADEN J
Date of judgment: 8 July 2020
Catchwords: PRACTICE AND PROCEDURE – vacation of trial dates – where trial proposed to be conducted via video conferencing software in consequence of COVID-19 pandemic – whether prejudice occasioned by applicant not being in close proximity to counsel and instructing solicitors – where remote hearing will impede the ability to obtain instructions in a timely manner – whether virtual trial will adversely impact conduct, length and expense of trial – whether prejudice occasioned by lengthy delay in the commencement of the trial – significance of potential injustice occasioned by witnesses not being examined and cross-examined in person – consideration of procedural risk and potential prejudice – trial date vacated
Legislation: Fair Work Act 2009 (Cth) – pt 3-1; s 570
Cases cited: ASIC v Wilson [2020] FCA 873 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152 Capic v Ford Motor Company of Australia Limited [2020] FCA 486 Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614 Tetley v Goldmate Group Pty Ltd [2020] FCA 913
Date of hearing: 6 July 2020
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr A F Solomon-Bridge
Solicitor for the Applicant: Holding Redlich
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