Federal Court of Australia
Federal Court of Australia
Danaratna v Arunatilaka (Penalty) [2024] FCA 1431 File number: NSD 171 of 2022
Judgment of: RAPER J
Date of judgment: 12 December 2024
Catchwords: INDUSTRIAL LAW – determination of civil penalties for contraventions of ss 44, 45, 323(1) and 536(1) of the Fair Work Act 2009 (Cth) by Ms Arunatilaka, the former Sri Lankan Deputy High Commissioner in Australia – primary purpose of deterrence in the determination of a civil penalty – where the contravener did not participate in any of the Court's processes – penalty awarded
Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 90(2), 323(1), 536(1), 539, 546, 546(1), 557, 557(1)
Cases cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Danaratna v Arunatilaka [2024] FCA 918 Dorsch v HEAD Oceania Pty Ltd (Penalty) [2024] FCA 484 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 8) [2024] FCA 483 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Fair Work Ombudsman v Ho [2024] FCAFC 111 Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301; 275 IR 148 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53; 260 FCR 68 Rocky Holdings Pty Ltd v Fair Work Ombudsman [2014] FCAFC 62; 221 FCR 153 R v White (BC9101745, NSWCCA, 25 July 1991, unreported) Shergill v Singh (No 2) [2024] FCA 261 Shergill v Singh [2023] FCA 1346; 326 IR 428 Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076
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