Isser v BHP WAIO Pty Ltd [2023] FCA 580

Federal Court of Australia

Isser v BHP WAIO Pty Ltd [2023] FCA 580 File number: WAD 41 of 2023

Judgment of: SNADEN J

Date of judgment: 5 June 2023

Catchwords: PRACTICE AND PROCEDURE – application for relief under Pt 3-1 of the Fair Work Act 2009 (Cth) – where relief similarly sought in the Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") – whether FCFCOA proceeding associated matter – whether proceeding brought in contravention of s 32AA of the Federal Court of Australia Act 1976 (Cth) ("FCA Act")– whether discretion enlivened to transfer proceeding under s 32AB of the FCA Act – orders made

Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 32AA, 32AB Federal Court Rules 2011 (Cth) r 27.01

Division: Fair Work Division

Registry: Western Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 14

Date of hearing: 19 May 2023

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondents: Mr K De Kerloy

Solicitor for the Respondents: Herbert Smith Freehills

ORDERS WAD 41 of 2023

BETWEEN: TEESTA ISSER Applicant

AND: BHP WAIO PTY LTD First Respondent

RHIANNON EDMONDS Second Respondent

CLAIR HAMILTON Third Respondent

order made by: SNADEN J DATE OF ORDER: 5 JUNE 2023

THE COURT ORDERS THAT:

1. Pursuant to s 32AB(1) of the Federal Court of Australia Act 1976 (Cth), the proceeding be transferred to the Federal Circuit and Family Court of Australia (Division 2). 2. The costs of the respondent's interlocutory application of 28 April 2023 and of the case management hearing of 19 May 2023 shall be costs in the matter so transferred. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.