General Manager of Fair Work Commission v Australian Nursing and Midwifery Federation [2017] FCA 195

General Manager of Fair Work Commission v Australian Nursing and Midwifery Federation [2017] FCA 195

It is appropriate to defer the hearing to determine penalties for both respondents until after the conclusion of the liability proceedings against the second respondent, to avoid inefficiency, duplication of evidence, potential conflicting findings of fact, and improper burdens on parties; facts on liability are relevant to the determination of penalty.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Civil Penalty Proceedings / Interlocutory Application Regarding Timing of Penalty Hearing
Outcome
Application by second respondent dismissed; orders made for penalty hearing deferral.
Legal Topics
['practice and Procedure' 'liability' 'penalties' 'federal Court Rules 2011 R 30.01' 'co Contravention']
['employment & Industrial Relations'] ['practice and Procedure' 'liability' 'penalties' 'federal Court Rules 2011 R 30.01' 'co Contravention']

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Procedural Posture

Civil Penalty Proceedings / Interlocutory Application Regarding Timing of Penalty Hearing

Legal Issues

  1. 1 ['Whether penalty hearing for one respondent who has admitted liability should be heard before determination of liability for another respondent where there is alleged co-contravention']

Ratio Decidendi

It is appropriate to defer the hearing to determine penalties for both respondents until after the conclusion of the liability proceedings against the second respondent, to avoid inefficiency, duplication of evidence, potential conflicting findings of fact, and improper burdens on parties; facts on liability are relevant to the determination of penalty.

Court Disposition

Application by second respondent dismissed; orders made for penalty hearing deferral.

Orders

  • ['The hearing to determine any penalties which may be imposed upon the first and second respondents respectively be deferred until after the conclusion of the liability hearing in the case concerning the second respondent.']