Federal Court of Australia
Federal Court of Australia
Brittain v Reskey Pty Ltd [2020] FCA 1724 File number: VID 657 of 2020
Judgment of: SNADEN J
Date of judgment: 30 November 2020
Catchwords: INDUSTRIAL LAW – interlocutory application to transfer proceeding to the Federal Circuit Court of Australia pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth) – separate proceeding on foot in the Supreme Court of Victoria – cross-vesting application yet to be determined in the Supreme Court of Victoria – whether transfer appropriate in the interests of justice – application dismissed
Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) – ss 45, 323, 535, 536, 559, 557A and 570 Federal Court of Australia Act 1976 (Cth) – s 32AB Federal Court Rules 2011 (Cth) – rr 27.11 and 27.12 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Vic) – s 5
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 21
Date of hearing: 26 November 2020
Counsel for the Applicant: Mr A. Denton
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondents: Mr M. Minucci
Solicitor for the Respondents: Holding Redlich
ORDERS VID 657 of 2020
BETWEEN: DANIEL BRITTAIN Applicant
AND: RESKEY PTY LTD First Respondent
JAIN SILLUZIO Second Respondent
order made by: SNADEN J DATE OF ORDER: 30 NOVEMBER 2020
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