Federal Court of Australia
Federal Court of Australia
Soukhodoev v SG Fleet Australia Pty Ltd [2023] FCA 1672 File number(s): NSD 758 of 2022 NSD 759 of 2022
Judgment of: SHARIFF J
Date of judgment: 20 December 2023
Date of publication of reasons: 2 February 2024
Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – accessorial liability – failure to consult or inadequate consultation – adverse action – misrepresentation – knowingly false or reckless representation – disability discrimination – estoppel by convention – whether any reasonable prospects of success – whether to allow strikeout and repleading – whether to allow adjournment for purposes of repleading – application for summary dismissal partially successful – costs reserved
Legislation: Fair Work Act 2009 (Cth) ss 45, 340, 341, 345, 351, 550 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court of Australia Rules 2011 (Cth) r 26.01 Clerks Private Sector Award 2020 cl 38
Cases cited: Aon Risk Services Australia v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australia Securities and Investment Commission v Cassimatis [2013] FCA 641; (2013) 220 FCR 256 EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134; (2018) 282 IR 86 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Fair Work Ombudsman v Hu [2019] FCAFC 133; (2019) 289 IR 240 GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited [2003] FCA 50 General Steel Industries v Commissioner of Railways (1964) 112 CLR 125 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Wilson v Victoria [2023] FCAFC 204
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