Bullock v AJ & Co Lawyers Pty Ltd [2021] FCA 149

Bullock v AJ & Co Lawyers Pty Ltd [2021] FCA 149

The case is appropriate for mediation, and if not compromised, should be remitted to the Federal Circuit Court due to its modest value and fact-specific nature; this is consistent with statutory provisions and Court practice regarding such matters.

Jurisdiction
Australia
Judgment Date
08 February 2021
Procedural Posture
Employment Claim / Referral for Mediation and Potential Remission to Federal Circuit Court
Outcome
Referred to mediation; if unresolved, remitted to Federal Circuit Court; costs reserved.
Legal Topics
['employment Contract Variation' 'employer Identity' 'job Keeper Scheme' 'remission to Federal Circuit Court' 'fair Work Act Breaches' 'mediation Procedure']
['employment Law'] ['employment Contract Variation' 'employer Identity' 'job Keeper Scheme' 'remission to Federal Circuit Court' 'fair Work Act Breaches' 'mediation Procedure']

Case Brief

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Procedural Posture

Employment Claim / Referral for Mediation and Potential Remission to Federal Circuit Court

Legal Issues

  1. 1 ['Whether variations to the employment contract were void and of no effect' 'Whether the applicant was employed by the first or second respondent' 'Effect of JobKeeper Scheme employer nomination' 'Whether variation of contract was procured by undue influence or unconscionable conduct' 'Alleged serious breach of section 557A of Fair Work Act 2009 (Cth)']

Ratio Decidendi

The case is appropriate for mediation, and if not compromised, should be remitted to the Federal Circuit Court due to its modest value and fact-specific nature; this is consistent with statutory provisions and Court practice regarding such matters.

Court Disposition

Referred to mediation; if unresolved, remitted to Federal Circuit Court; costs reserved.

Orders

  • ['The proceeding be referred to mediation before a registrar.' 'Mediation to be conducted by Deputy District Registrar Lynch on a date to be fixed.' 'Court fee in respect of mediation borne equally by the parties and counted as costs in proceedings.' 'Each party to comply with reasonable registrar directions and...