Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Make Dough Enterprises (in liquidation) [2024] FCA 1432 File number(s): TAD 16 of 2023
Judgment of: MCELWAINE J
Date of judgment: 12 December 2024
Catchwords: INDUSTRIAL LAW-separate question determination-does s 557C of the Fair Work Act 2009 apply in proceedings brought against a responsible franchisor pursuant to s 588B-if so, how does it operate-question answered in the affirmative-operation explained
Legislation: Corporations Act 2001 (Cth) s 500 Evidence Act 1995 (Cth) s 140(1) Fair Work Act 2009 (Cth) ss 44, 45, 50, 323(1), 325(1), 535, 550, 557C, 558A, 588B, 558C, 564, 568, 712(3), Fair Work Amendment (Protecting Vulnerable Workers) Act 2019 (Cth) Federal Court of Australia Act 1976 (Cth) ss 21, 22, 23 Fair Work Regulations 2009 (Cth) r 3 Federal Court Rules 2011 (Cth) rr 15.01, 15.13, 30.01 Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017
Cases cited: Barclays Bank v Tom [1923] 1 KB 221 Commissioner of Police v Tanos (1958) 98 CLR 383; [1958] HCA 6 Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201 Ghimire v Karriview Management Pty Ltd (No 2) [2019] FCA 1627 Hill v McKenzie Matterson Pty Ltd [2023] FedFamC2G 343 Ilumba Pty Ltd v Malouf [2019] FCA 2095 Insurance Exchange v Dooley (2000) 50 NSWLR 222; [2000] NSWCA 159 Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) 271 CLR 495; [2020] HCA 29 Yorke v Lucas (1985) 158 CLR 661; [1985] HCA 65
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