Federal Court of Australia
Federal Court of Australia
Chambers v University of Western Australia [2023] FCA 322 File numbers: WAD 245 of 2022 WAD 246 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 11 April 2023
Catchwords: COURTS - practice and procedure - whether an order by a judge of the Federal Circuit and Family Court of Australia (FCFCOA) to transfer civil proceedings to the Federal Court of Australia should be confirmed pursuant to s 32AD of the Federal Court of Australia Act 1976 (Cth) - where matters to be considered are prescribed - where primary judge did not consider all matters - proceedings relate to Fair Work Act 2009 (Cth) regime - where despite some complexity the FCFCOA has experience in determining such matters - transfer not confirmed
Legislation: Fair Work Act 2009 (Cth) ss 341, 342, Part 3.1 Federal Circuit and Family Court of Australia 2021 (Cth) ss 153, 154 Federal Court of Australia Act 1976 (Cth) s 32AD Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 8.02
Cases cited: Chambers v University of Western Australia [2022] FedCFamC2G 977 KDSP v Secretary of the Department of Home Affairs [2022] FCA 1406 Panagiotidis v IProsper Financial Planning Pty Ltd [2022] FCA 1508 Van den Berg v Monash Health [2022] FCA 796
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 42
Date of last submissions: 4 April 2023 (applicant) 14 December 2022 (respondent)
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