Haire v WorkCo Australia Pty Ltd (No 2) [2024] FCA 1266

Haire v WorkCo Australia Pty Ltd (No 2) [2024] FCA 1266 File number(s):

Judgment of: HORAN J

Date of judgment: 4 November 2024

Catchwords: PRACTICE AND PROCEDURE – application by third and fourth respondents for summary dismissal and strike out of claims against them – whether reasonable prospect of successfully prosecuting claims against third and fourth respondents – whether statement of claim discloses reasonable cause of action – whether pleading evasive or ambiguous, or likely to cause prejudice, embarrassment or delay – applicant's employment terminated by first respondent – alleged accessorial liability of third and fourth respondents for contraventions by first respondent of Pt 3-1 of Fair Work Act 2009 (Cth) (FW Act) – elements necessary to establish involvement in alleged contraventions under s 550(2) of FW Act – alleged contraventions by fourth respondent of Pt 3-1 of FW Act – where alleged that adverse action taken against applicant by fourth respondent – whether alleged adverse action taken by principal against independent contractor or person employed or engaged by independent contractor – where fourth respondent is foreign corporation – whether sufficient connection between fourth respondent and Australia – where real questions of fact and law to be determined – interlocutory application by third and fourth respondents dismissed INDUSTRIAL LAW – Part 3-1 of Fair Work Act 2009 (Cth) – involvement in contravention of civil remedy provision – whether knowingly concerned in or party to principal contravention – whether adverse action taken by principal against independent contractor or person employed or engaged by independent contractor – whether sufficient connection with Australia