Federal Court of Australia
Federal Court of Australia
Elvin v Fair Work Ombudsman (No 2) [2024] FCA 1072 Appeal from: Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 8) [2024] FCA 483
File number(s): ACD 38 of 2024
Judgment of: COLLIER J
Date of judgment: 16 September 2024
Catchwords: CORPORATIONS – whether to grant leave under s 500(2) of the Corporations Act 2001 (Cth) to commence and proceed against a company in voluntary administration – considering general deterrence and public policy where leave sought by regulator – leave granted
Legislation: Corporations Act 2001 (Cth) ss 500(2), 556(1) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 36.31
Cases cited: Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) [2019] FCA 1601
Division: Fair Work Division
Registry: Australian Capital Territory
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 14
Date of last submission/s: 22 August 2024
Date of hearing: Determined on the papers
Counsel for the Appellant: The Appellant was self-represented
Solicitors for the First Respondent: Office of the Fair Work Ombudsman
ORDERS ACD 38 of 2024
BETWEEN: COLIN KENNETH ELVIN Appellant
AND: FAIR WORK OMBUDSMAN First Respondent
FOOT AND THAI MASSAGE PTY LTD (IN LIQUIDATION) Second Respondent
JUN MILLARD PUERTO Third Respondent
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