Federal Court of Australia
Federal Court of Australia
Coal Mining Industry (Long Service Leave Funding) Corporation v DAC Mining Services Pty Ltd [2021] FCA 1167 File number: NSD 242 of 2021
Judgment of: PERRAM J
Date of judgment: 28 September 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend defence– whether current defence constitutes an admission under r 16.07 of the Federal Court Rules 2011 (Cth) – whether proposed particulars sufficient to support a denial
Legislation: Coal Mining Industry (Long Service) Payroll Levy Act 1992 (Cth) Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 (Cth) Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) ss 4, 7, 52A Federal Court Rules 2011 (Cth) r 16.07
Cases cited: Ford v Inghams Enterprises Pty Ltd (No 3) [2020] FCA 1784 Geneva Laboratories Ltd v Prestige Premium Deals Pty Ltd (No 4) [2016] FCA 867; 120 IPR 133
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 28
Date of hearing: 23 September 2021
Counsel for the Applicant: Mr J Clarke with Mr T Kane
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr B McMillan
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS NSD242 of 2021
BETWEEN: COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) CORPORATION Applicant
AND: DAC MINING SERVICES PTY LTD (ACN 111 324 371) Respondent
order made by: PERRAM J DATE OF ORDER: 28 SEPTEMBER 2021
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