Rojas v Esselte Australia Pty Limited [2007] FCA 1478

Rojas v Esselte Australia Pty Limited [2007] FCA 1478

Short service and urgent listing were granted because, at the required level of generality, the material indicated that the respondent's steps endangered the applicant's livelihood and capacity to support himself and his wife; whether interim relief would proceed was left for hearing in the presence of the respondent.

Jurisdiction
Australia
Judgment Date
17 September 2007
Procedural Posture
Application for Relief Under the Workplace Relations Act 1996 (cth) and the Federal Court of Australia Act 1976 (cth) in Relation to Dismissal From Employment / Application for Short Service and Directions Before Any Interlocutory Application
Outcome
Leave to file was granted, service time was abridged, the matter was listed for directions and any interlocutory application, liberty to apply was granted, and the applicant was ordered to serve short outline submissions.
Legal Topics
['dismissal' 'interlocutory Relief' 'reinstatement Pending Resolution' 'short Service' 'abridgment of Time for Service']
['employment Law' 'federal Court Procedure'] ['dismissal' 'interlocutory Relief' 'reinstatement Pending Resolution' 'short Service' 'abridgment of Time for Service']

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Procedural Posture

Application for Relief Under the Workplace Relations Act 1996 (cth) and the Federal Court of Australia Act 1976 (cth) in Relation to Dismissal From Employment / Application for Short Service and Directions Before Any Interlocutory Application

Legal Issues

  1. 1 ['Whether short service should be granted for an application concerning dismissal from employment' 'Whether the matter should be brought back urgently for directions and any interlocutory application for reinstatement pending resolution']

Ratio Decidendi

Short service and urgent listing were granted because, at the required level of generality, the material indicated that the respondent's steps endangered the applicant's livelihood and capacity to support himself and his wife; whether interim relief would proceed was left for hearing in the presence of the respondent.

Court Disposition

Leave to file was granted, service time was abridged, the matter was listed for directions and any interlocutory application, liberty to apply was granted, and the applicant was ordered to serve short outline submissions.

Orders

  • ['Leave be granted to file the application and supporting affidavits of Mark Cochrane and David Rojas in Court.' 'The time by which the application, the affidavits of Messrs Rojas and Cochrane and a copy of these orders is to be served be abridged to 11.00 am on 18 September 2007.' 'The matter be listed for...