Kehalla White-Farrow v L.G. & L.L. Marks Pty. Limited [2026] FWC 1003 (24 March 2026)

[6] Subject to affording procedural fairness, s 587 of the Act allows the Commission to dismiss an application on the Commission's own initiative in the early stages of proceedings. Protracted proceedings can be avoided when there is no reasonable prospect of an outcome other than the dismissal of the application. However, the power under s 587 should be used with caution, particularly if the matter involves complex questions of fact or law. The power under s 587 is not available if there are live facts in issue that could affect the outcome of the proceedings (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]- [16] ('Bond') and the cases cited therein).