Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 3) [2020] FCA 1621 File number: ACD 41 of 2018
Judgment of: KATZMANN J
Date of judgment: 6 November 2020
Catchwords: PRACTICE AND PROCEDURE — civil penalty proceedings under Fair Work Act 2009 (Cth) —interrogatories — where application made by respondent of applicant after trial had started, more than 12 months after applicant's evidence in chief had been adduced, within weeks of trial resuming and, having regard to the nature of the interrogatories sought, whether order should be made requiring applicant to provide written answers to interrogatories
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 1.41, 21.01, 21.02, 21.03
Cases cited: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 9) [2015] FCA 623 Do Carmo v Ford Excavations Proprietary Limited (1984) 154 CLR 234 Kalgeracos v Bomba [2009] NSWSC 1271 W A Pines Pty Ltd v Bannerman (1981) 41 FLR 175 (FC); 30 ALR 559
Division: Fair Work Division
Registry: Australian Capital Territory
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 12
Date of last submissions: 4 November 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr M Seck with Ms B Byrnes
Solicitor for the Applicant: Office of the Fair Work Ombudsman
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