Federal Court of Australia
Federal Court of Australia
Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356 File number(s): NSD 939 of 2024
Judgment of: RAPER J
Date of judgment: 26 November 2024
Catchwords: INDUSTRIAL LAW – application to declare restrictive covenants in an employment contract and shareholder agreement invalid – where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales – applications for declarations that the employment ceased by reason of redundancy and also as to how the cessation of employment was recognised under the Articles of Association PRACTICE AND PROCEDURE – application by the sixth and seventh respondents for a stay of proceedings as against them on the basis that the dispute is the subject of a foreign exclusive jurisdiction clause – whether there are strong countervailing circumstances to not order a stay PRIVATE INTERNATIONAL LAW – Forum – Exclusive jurisdiction clause – Whether strong reasons not to grant stay of proceedings – whether a strong countervailing circumstance includes where there are two related exclusive jurisdiction clauses pertaining to different jurisdictions and the potential for common questions of fact and witnesses – application dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Restraint of Trade Act 1976 (NSW)
Cases cited: Global Partner Funds Ltd v Babcock and Brown Ltd [2010] NSWCA 196; 6 BFRA 1 Karpik v Carnival Plc [2023] HCA 39; 98 ALJR 45 Oceanic Sun Line Special Shipping Co Inc v Fay [1988] HCA 32; 165 CLR 197
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