Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 6) [2023] FCA 1116 File number: ACD 41 of 2018
Judgment of: KATZMANN J
Date of judgment: 21 September 2023
Catchwords: PRACTICE AND PROCEDURE – referees – referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) to provide opinion on the amount by which employees were underpaid in respect of hours worked and untaken annual leave balances – where adoption opposed, whether report should be adopted or rejected
Legislation: Federal Court of Australia Act 1976 (Cth) s 54A Federal Court Rules 2011 (Cth) r 28.67
Cases cited: Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Elvin v Fair Work Ombudsman [2022] FCA 881 Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Leotta v Public Transport Commission (NSW) (1976) 9 ALR 437 Mununggurr v Channel Seven Sydney Pty Ltd (No 2) [2022] FCA 999 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 Telecomputing PCS Pty Ltd v Bridge Wholesale Acceptance Corporation (Aust) Ltd (1991) 24 NSWLR 513 Water Board v Moustakas (1988) 180 CLR 491 Groves, M "The Rule Against Bias" [2009] UMonashLRS 10
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