Federal Court of Australia
Federal Court of Australia
Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311 File number: VID 746 of 2020
Judgment of: SNADEN J
Date of judgment: 1 November 2023
Catchwords: INDUSTRIAL LAW – breach of award and statutory obligation – failure to pay superannuation – injury suffered at work – compensation for lost opportunity to make insurance claim – default judgment – assessment of loss – value of lost opportunity – compensation and interest awarded
Legislation: Federal Court of Australia Act 1976 (Cth), s 51A Fair Work Act 2009 (Cth), ss 45, 539, 545, 547, 570 Superannuation Guarantee (Administration) Act 1992 (Cth), ss 16, 17, 19 and 23 Superannuation Guarantee Charge Act 1992 (Cth), ss 3, 5 and 6 Federal Court Rules 2011 (Cth), r 5.23 Security Services Industry Award 2010
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Corum Systems Pty Ltd v Fred It Group Pty Ltd [2023] VSC 208 Ibeneweka v Egbuna [1964] 1 WLR 219 La Trobe Capital & Mortgage Corporation Ltd v Hay Property Consultants Pty Ltd (2011) 190 FCR 299 Mal Owen Consulting Pty Ltd v Ashcroft (2018) 97 NSWLR 1163 Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
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