Federal Court of Australia
Federal Court of Australia
Bailey v DPR Haulage Pty Ltd [2021] FCA 133 File number: WAD 2 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 24 February 2021
Catchwords: INDUSTRIAL LAW - whether to transfer proceeding to Federal Circuit Court of Australia under s 32AB of the Federal Court of Australia Act 1976 (Cth) - where factors weigh in favour of transfer
Legislation: Fair Work Act 2009 (Cth) ss 340, 566 Federal Court of Australia Act 1976 (Cth) ss 32AB, 37M Federal Court Rules 2011 (Cth) rr 27.11, 27.12 Federal Court and Federal Circuit Court Regulation 2012 (Cth) Schedule 1
Cases cited: Sampson as the trustee of the Bankrupt Estate of Wei Chen v Huang [2020] FCA 545
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 15
Date of hearing: 22 February 2021
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr CS Silver
Solicitor for the Respondent: Chad Silver & Associates
ORDERS WAD 2 of 2021
BETWEEN: PAUL BAILEY Applicant
AND: DPR HAULAGE PTY LTD Respondent
order made by: BANKS-SMITH J DATE OF ORDER: 24 FEBRUARY 2021
THE COURT ORDERS THAT:
1. This proceeding be transferred to the Federal Circuit Court of Australia pursuant to s 32AB(1) of the Federal Court of Australia Act 1976 (Cth) and r 27.11 and r 27.12 of the Federal Court Rules 2011 (Cth). 2. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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