General Manager, Fair Work Commission v Asmar (Stay application) [2025] FCA 67

General Manager, Fair Work Commission v Asmar (Stay application) [2025] FCA 67

There is insufficient evidence that criminal proceedings against Ms Asmar and the other respondents are 'on the cards' or a reasonable possibility. The risk of real prejudice is speculative, and does not outweigh the applicant's entitlement to have his action heard in the ordinary course. Accordingly, a stay is not justified at this time.

Parties
Applicant: General Manager of the Fair Work Commission; First Respondent: Diana Asmar; Second Respondent: Kerry Georgiev; Third Respondent: Nick Katsis; Fourth Respondent: David Asmar; Fifth Respondent: David Eden; Sixth Respondent: Lee Atkinson; Seventh Respondent: Rhonda Barclay
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Interlocutory Application (stay) / Stay Application Decision
Outcome
Stay application dismissed
Legal Topics
Stay of Proceedings, Risks of Prejudice, Civil and Criminal Proceedings, Privilege Against Self Incrimination
Employment and Industrial Relations Practice and Procedure Stay of Proceedings Risks of Prejudice Civil and Criminal Proceedings Privilege Against Self Incrimination

Case Brief

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Parties

General Manager of the Fair Work Commission

Applicant

Diana Asmar

First Respondent

Kerry Georgiev

Second Respondent

Nick Katsis

Third Respondent

David Asmar

Fourth Respondent

David Eden

Fifth Respondent

Lee Atkinson

Sixth Respondent

Rhonda Barclay

Seventh Respondent

Procedural Posture

Interlocutory Application (stay) / Stay Application Decision

Legal Issues

  1. 1 Whether criminal proceedings are 'on the cards' or a reasonable possibility against the respondents
  2. 2 Whether there is a real risk of prejudice to the defence of possible criminal proceedings if the civil case proceeds
  3. 3 Whether justice requires a stay of the proceedings

Ratio Decidendi

There is insufficient evidence that criminal proceedings against Ms Asmar and the other respondents are 'on the cards' or a reasonable possibility. The risk of real prejudice is speculative, and does not outweigh the applicant's entitlement to have his action heard in the ordinary course. Accordingly, a stay is not justified at this time.

Court Disposition

Stay application dismissed

Orders

  • The first respondent’s interlocutory application dated 12 September 2024 is dismissed.