Wilkinson v Wilson Security Pty Ltd [2022] FCA 756

Federal Court of Australia

Wilkinson v Wilson Security Pty Ltd [2022] FCA 756 File number: WAD 138 of 2021

Judgment of: COLVIN J

Date of judgment: 29 June 2022

Catchwords: REPRESENTATIVE PROCEEDINGS - application for orders under s 33N(1)(d) of the Federal Court of Australia Act 1976 (Cth) for the proceeding to no longer continue as a representative proceeding - where proceeding concerns claims under s 545 of the Fair Work Act 2009 (Cth) - where the representative applicant is unrepresented - where there exist over 200 group members - where representative applicant does not oppose the application - orders made requiring notice of the application to be provided to group members - orders made providing for a period for group members to notify of any objections - orders made declassing the proceeding if no objections are notified - orders made for the matter to be listed if any objection is notified

Legislation: Fair Work Act 2009 (Cth) s 545 Federal Court of Australia Act 1976 (Cth) s 33N, Part IVA Native Title Act 1993 (Cth) s 85

Cases cited: Boase as Trustee for Boase Family Trust v Brook [2015] WASC 23 Collier v Hicks (1831) 2 B & A 663 Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583 Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981 Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 1411 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 McIntyre v Eastern Prosperity Investments Pte Ltd (No 4) [2002] FCA 1133 Miller v South Australia (Far West Coast Sea Claim) [2017] FCA 790 O'Toole v Scott [1965] AC 939 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 12) [2012] FCA 289 Schagen v The Queen (1993) 8 WAR 410 Simto Resources Ltd v Normandy Capital Ltd [1993] FCA 468; (1993) 10 ACSR 776