Rota v Fire Rescue Victoria [2024] FCA 424

Federal Court of Australia

Rota v Fire Rescue Victoria [2024] FCA 424 File number(s): VID 13 of 2023

Judgment of: ANDERSON J

Date of judgment: 24 April 2024

Catchwords: REPRESENTATIVE PROCEEDINGS – Application for approval to discontinue a representative proceeding – principles relevant to approval of discontinuance – where each class member consented to the discontinuance – whether any limitation periods applicable to group members' claims begin to run again upon discontinuance – discontinuance approved

Legislation: Federal Court of Australia Act 1976 (Cth)

Cases cited: Babscay v Pitcher Partners (2020) 148 ACSR 551; [2020] FCA 1610 Wruck v Telstra Limited [2023] FCA 932

Division: Fair Work

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 23

Date of hearing: 24 April 2024

Solicitor for the Applicant: Alexander Law

Counsel for the Respondent: Mr L Howard

Solicitor for the Respondent: Victorian Government Solicitor's Office

ORDERS VID 13 of 2023

BETWEEN: STEVE ROTA Applicant

AND: FIRE RESCUE VICTORIA ABN: 28598558561 Respondent

order made by: ANDERSON J DATE OF ORDER: 24 April 2024

THE COURT ORDERS THAT:

1. Pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth), discontinuance of the proceeding be approved. 2. Pursuant to Order 1, the proceeding be discontinued. 3. Pursuant to s 33V and s 33ZF of the Federal Court of Australia Act 1976 (Cth), any limitation period that applies to any of the class members to which the proceeding relates shall begin to run again from 60 days after the making of this order. 4. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.