Brittain v Reskey Pty Ltd [2020] FCA 1724

Brittain v Reskey Pty Ltd [2020] FCA 1724

The interests of justice presently incline against transferring the matter to the Federal Circuit Court, primarily due to the existence and still-pending determination of a cross-vesting application in the Supreme Court of Victoria, which could result in related proceedings being heard together in this court. Transferring now could jeopardise that objective.

Jurisdiction
Australia
Judgment Date
30 November 2020
Procedural Posture
Interlocutory Application / Application to Transfer Proceeding to Federal Circuit Court; Determination of Interlocutory Application
Outcome
Application to transfer dismissed; orders for filing defence and reply; no order as to costs.
Legal Topics
['transfer of Proceedings' 'interlocutory Applications' 'cross Vesting' 'fair Work Act Contraventions' 'jurisdiction']
['industrial Law' 'employment Law'] ['transfer of Proceedings' 'interlocutory Applications' 'cross Vesting' 'fair Work Act Contraventions' 'jurisdiction']

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Procedural Posture

Interlocutory Application / Application to Transfer Proceeding to Federal Circuit Court; Determination of Interlocutory Application

Legal Issues

  1. 1 ['Whether the proceeding should be transferred to the Federal Circuit Court of Australia under s 32AB of the Federal Court of Australia Act 1976 (Cth)' 'Whether such a transfer is appropriate in the interests of justice, given concurrent proceedings in the Supreme Court of Victoria and a pending cross-vesting application']

Ratio Decidendi

The interests of justice presently incline against transferring the matter to the Federal Circuit Court, primarily due to the existence and still-pending determination of a cross-vesting application in the Supreme Court of Victoria, which could result in related proceedings being heard together in this court. Transferring now could jeopardise that objective.

Court Disposition

Application to transfer dismissed; orders for filing defence and reply; no order as to costs.

Orders

  • ["The respondents' interlocutory application dated 27 October 2020 be dismissed." 'By no later than 4:00pm on Friday, 4 December 2020, the respondents shall file and serve a defence.' 'By no later than 4:00pm on Friday, 18 December 2020, the applicant shall file and serve any reply.']