[2011] FWA 651
General information, not legal advice.
Fair Work Australia
2011-01-31
Original judgment source is linked above.
(#P31_1038) [2010] FWA 7891
(#P42_2381) Employer's submissions filed 15 November 2010; SECLS submissions filed 25 November 2010. Leave to appear was granted to Ms Lee of Pasin Lee Lawyers and submissions on behalf of the applicant were filed by her on 7 December 2010.
(#P63_5949) See also s.396 of the Act
(#P66_6129) Ibid, at PN [7].
(#P67_6231) Ibid, at PN [10]
(#P74_7282) Email correspondence from DeGaris Lawyers dated 16 December 2010
(#P79_8653) Respondent's submission at para 18.
(#P80_8873) Geissler v QR Passenger Pty Ltd [2010] FWA 1939
(#P83_9467) See PN [8] of the unfair dismissal decision
(#P86_9846) The documentary evidence to which this statement refers was data indicating the dates when money had gone missing over a period of approximately 10 months.
(#P93_11484) SECLA submissions, para 21
(#P94_11686) Ibid, para 29
(#P112_12940) Print S4692 at PN [7]
(#P115_13582) Coal and Allied Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Others, (1996-97) 73 IR 311 at p 317
(#P175_24467) Approximately 90% of applications pursuant s.394 of the Act are finalised at or before Conciliation. Annual Report of Fair Work Australia, 1 July 2009 to 30 June 2010, at Table 6
(#P178_25144) (1991-92) 43 IR 257 at pp 264-265
(#P183_25891) Print Q3750, Ross VP, Watson SDP and Whelan C.
(#P192_27733) See also Mihajlovski v Cootes, (Mihajlovski) PR943954 at PN [28]
(#P198_28438) PR939619 at PN [19]
(#P201_29000) Wodonga Rural City Council (Wodonga) PR956243, Watson SDP, Lloyd SDP and Gay C at PN [6]
(#P204_29362) PR 932454 at PN [7] - [8]
(#P205_29821) PR935864 at PM [34]. Both Deane and Carpenter were cited with approval by VP Lawler in Mihajlovski, supra at PN [26] - [27]
(#P212_32321) It was held in Wodonga at PN [34] that where a party relies in good faith on the advice of an experienced practitioner that the party has reasonable prospects of success, it cannot be found, without more, that it should have been reasonably apparent that the application had no reasonable prospect of success
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Khammaneechan
Nanakhon Pty Ltd ATF Nanakhon Trading Trust T/A Banana Tree Cafe [2011] FWA 651