Fair Work Ombudsman v DTF World Square Pty Ltd [2022] FCA 724

Fair Work Ombudsman v DTF World Square Pty Ltd [2022] FCA 724

In the absence of opposition, demonstrating a serious question to be tried and the advanced stage and public interest in enforcement under the Fair Work Act, leave to proceed under s 500(2) should be granted on usual conditions of not enforcing pecuniary relief without further leave.

Parties
Applicant: Fair Work Ombudsman; First Respondent: DTF (World Square) Pty Ltd (ACN 124 624 111) (in liquidation); Second Respondent: Selden Farlane Lachlan Investments Pty Ltd (ACN 164 883 809) (in liquidation); Fourth Respondent: Hannah Handoko; Fifth Respondent: Sinthiana Parmenas
Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Interlocutory Application / Leave to Proceed Application Decided
Outcome
Leave granted to proceed against the first and second respondents in liquidation on the stated condition.
Legal Topics
Leave to Proceed Against Company in Liquidation, Fair Work Act Contraventions, Underpayment of Employees, Penalties and Remedies
Corporations Law Employment Law Leave to Proceed Against Company in Liquidation Fair Work Act Contraventions Underpayment of Employees Penalties and Remedies

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Parties

Fair Work Ombudsman

Applicant

DTF (World Square) Pty Ltd (ACN 124 624 111) (in liquidation)

First Respondent

Selden Farlane Lachlan Investments Pty Ltd (ACN 164 883 809) (in liquidation)

Second Respondent

Hannah Handoko

Fourth Respondent

Sinthiana Parmenas

Fifth Respondent

Procedural Posture

Interlocutory Application / Leave to Proceed Application Decided

Legal Issues

  1. 1 Should leave be granted under s 500(2) of the Corporations Act 2001 (Cth) for the applicant to proceed against the first and second respondents in liquidation on alleged Fair Work Act 2009 (Cth) contraventions?

Ratio Decidendi

In the absence of opposition, demonstrating a serious question to be tried and the advanced stage and public interest in enforcement under the Fair Work Act, leave to proceed under s 500(2) should be granted on usual conditions of not enforcing pecuniary relief without further leave.

Court Disposition

Leave granted to proceed against the first and second respondents in liquidation on the stated condition.

Orders

  • Pursuant to s 500(2) of the Corporations Act 2001 (Cth), leave be granted to the applicant to proceed against the first respondent and the second respondent on the condition that the applicant not seek to enforce any pecuniary relief, including penalties, without further leave of the Court.
  • The names of the first and second respondents be amended to refer to them as companies in liquidation.