Leggett v Hawkesbury Race Club Limited (No 4) [2022] FCA 622

Federal Court of Australia

Leggett v Hawkesbury Race Club Limited (No 4) [2022] FCA 622 File number(s): NSD 1554 of 2019

Judgment of: RARES J

Date of judgment: 30 May 2022

Catchwords: CONSTITUTIONAL LAW – where inconsistency between Commonwealth and State laws – judicial power of the Commonwealth – where s 545 of Fair Work Act 2009 (Cth) confers broad power to make any order Court considers appropriate, including compensation for loss suffered because of contravention of s 340 – where State law in Pt 5 of Workers Compensation Act 1987 (NSW) limits awards of damages in respect of an injury to a worker – whether State law capable of operating to limit Court's power under Commonwealth law to order compensation because of breach of civil remedy provision DAMAGES – quantum – statutory compensation – rule against double compensation – application for order for compensation under s 545(2)(b) of Fair Work Act 2009 (Cth) for loss suffered because of contravention of civil remedy provision – where employer found to have contravened civil remedy provision by taking adverse action and injuring employee in her employment – where injured employee already received workers compensation payments from employer under Workers Compensation Act 1987 (NSW) – whether sum of compensation under Fair Work Act should be adjusted to take account of workers compensation payments already paid to employee

Legislation: Constitution ss 76, 109 Competition and Consumer Act 2010 (Cth) Fair Work Act 2009 (Cth) ss 26, 27, 30, 90, 130, 179, 323, 340, 342, 539, 545, 546 Judiciary Act 1903 (Cth) s 78B Trade Practices Act 1974 (Cth) ss 82, 87 Civil Liability Act 2002 (NSW) Long Service Leave Act 1955 (NSW) s 4 Workers Compensation Act 1987 (NSW) ss 4, 9, 11A, 15, 34, 39, 65, 66A, 149, 151A, 151E, 151F, 151H, 151G, 151I, 151J