Federal Court of Australia
Federal Court of Australia
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) [2024] FCA 1057 File number(s): ACD 24 of 2024
Judgment of: GOODMAN J
Date of judgment: 11 September 2024
Catchwords: CORPORATIONS – application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) in an appeal in which the appellant contends that the penalties imposed by the primary judge for contraventions of the Fair Work Act 2009 (Cth) were inadequate – where there is a serious issue to be tried – where the proof of debt regime is inapposite – where there would be no apparent prejudice to creditors if leave were to be granted – public interest considerations – leave granted
Legislation: Corporations Act 2001 (Cth), ss 500, 553B Fair Work Act 2009 (Cth)
Cases cited: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) [2017] FCA 521 Clean Energy Regulator v E Connect Solar & Electrical Pty Ltd [2023] FCA 1082 Construction, Forestry and Maritime Employees Union v AMK Imaging Pty Ltd [2024] FedCFamC2G 361 Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 3) [2024] FCA 869
Division: Fair Work Division
Registry: Australian Capital Territory
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 18
Date of hearing: 10 and 11 September 2024
Counsel for the Appellant: Mr P Boncardo
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