Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 7) [2023] FCA 1164 File number: ACD 41 of 2018
Judgment of: KATZMANN J
Date of judgment: 29 September 2023
Catchwords: PRACTICE AND PROCEDURE – application to set aside a notice to produce documents and a notice to admit facts – where notices issued after determination of liability and only remaining issues in the proceeding relate to orders for compensation, penalties and the form of declaratory relief – whether documents and admissions sought have any apparent relevance to remaining issues – where documents and admissions sought appear to challenge factual findings in liability judgment, whether notices an abuse of process – where notices served on the eve of the penalty hearing and two years after determination of liability, whether notice to produce oppressive
Legislation: Fair Work Act 2009 (Cth) s 325 Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) s 55ZG Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.35, 22.01, 22.02, 30.28, Schedule 1 Legal Services Directions 2017 (Cth) Appendix B
Cases cited: Australian Competition and Consumer Commission v BlueScope Steel Limited (No 4) [2021] FCA 1162 Australian Competition and Consumer Commission v Valve Corporation [2015] FCA 721 Campaign Master v Forty Two International Pty Ltd (No 4) (2010) 269 ALR 76 Construction, Forestry, Mining, Maritime and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) [2019] FCA 1601 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4) [2021] FCA 1242 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 5) [2023] FCA 1098 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 6) [2023] FCA 1116 FSS Trustee Corporation v Metlife Insurance Limited [2014] NSWSC 369 Kalgeracos v Bomba [2009] NSWC 1271 Re Ox Operations Pty Ltd [2008] FCA 61 Seven Network Ltd v News Ltd (No 5) [2005] FCA 510; 216 ALR 147 Seven Network Ltd v News Ltd (No 11) [2006] FCA 174
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