Federal Court of Australia
Federal Court of Australia
McGrory v Horizon One Recruitment Pty Ltd [2024] FCA 810 File number(s): QUD 569 of 2023
Judgment of: COLLIER J
Date of judgment: 23 July 2024
Catchwords: INDUSTRIAL LAW - interlocutory application for dismissal of proceedings against second respondent for want of jurisdiction – litigant in person - where second respondent not named in proceedings before Fair Work Commission - where second respondent not named in s 368 certificate – whether jurisdiction of the Court enlivened under section 370 of Fair Work Act 2009 (Cth) COSTS – where proceeding against second respondent for want of jurisdiction – no costs jurisdiction – whether s 570(2)(b) of Fair Work Act enlivened – whether failure to name the second respondent in proceedings before the Fair Work Commission and subsequently bringing proceedings against the second respondent in the Federal Court of Australia pursuant to s 370 of Fair Work Act was an "unreasonable act or omission" for the purposes of s 570 – meaning of "dispute" in s 370 of Fair Work Act – no order as to costs
Legislation: Fair Work Act 2009 (Cth) ss 340, 343, 351, 365, 368, 369, 370, 570
Cases cited: Kelly v Corporation of the Synod of the Diocese of Brisbane [2023] FCA 829 Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79 Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR Parker v HG Innovations Pty Ltd (No 2) [2020] FCA 906
Division: Fair Work Division
Registry: Queensland
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