Federal Court of Australia
Federal Court of Australia
Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 348 File numbers: NSD 596 of 2017 NSD 1594 of 2017
Judgment of: LEE J
Date of judgment: 1 April 2021
Catchwords: INDUSTRIAL LAW – claimed statutory compensation pursuant to s 545(2)(b) of the Fair Work Act 2009 (Cth) – principles to be applied – factual and legal causation – statutory causation generally PRACTICE AND PROCEDURE – reference as to factual causation and quantification of statutory compensation following finding of contravening conduct – referee report – nature of references – principles to be applied in determining whether to adopt or reject referee report – referee report rejected – erroneous application of principles of factual causation
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Australian Consumer Law ss 236, 237, 238 Australian Securities and Investments Commission Act 2001 (Cth) s 12GBB Fair Work Act 2009 (Cth) ss 346, 545, 570 Federal Court of Australia Act 1976 (Cth) s 54A Trade Practices Act 1974 (Cth) ss 82, 87 Workplace Relations Act 1996 (Cth) s 494 Federal Court Rules 2011 (Cth) rr 28.66, 28.67
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