Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2020] FCA 1093 File numbers: NSD 596 of 2017 NSD 1594 of 2017
Judge: LEE J
Date of judgment: 31 July 2020
Catchwords: PRACTICE AND PROCEDURE – quantification of statutory compensation following finding of contravening conduct – significant number of contested issues – utility in ordering a reference – unsustainability of courts deciding all issues of fact and law that arise in any litigation – potential for loss of forensic advantage and hearsay objections largely ameliorated or without substance – reference ordered
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB Fair Work Act 2009 (Cth) ss 545, 570 Federal Court Rules 2011 (Cth) r 28.65
Cases cited: Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451; (2019) 286 IR 52 Kadam v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139; (2017) 252 FCR 298 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340; (2017) 19 ANZ Ins Cas ¶62–158 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549
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