McKerlie v RateIt Australia Pty Ltd [2020] FCA 1112

McKerlie v RateIt Australia Pty Ltd [2020] FCA 1112

The interlocutory relief was refused because the applicant's proposed claims for prerogative and declaratory relief had weak prospects, particularly given the Fair Work Commission's statutory jurisdiction over the unfair dismissal proceeding and appeal, the absence of an apparent jurisdictional defect in Deputy President Boyce's appointment or allocation, and the availability of FW Act appeal mechanisms for complaints about rulings or bias. The balance of convenience did not materially favour restraining the FWC. The interests of justice did not require restraining MKI Legal from acting, as no inappropriate conduct in the Federal Court proceeding was shown. Suppression and non-publication...

Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Application for Relief Under S 39 B of the Judiciary Act 1903 (cth) Concerning Fair Work Commission Proceedings / Interlocutory Applications for Injunctive Relief, Restraint of Solicitors, and Suppression or Non Publication Orders
Outcome
Applications for interlocutory relief dismissed; costs to be addressed by agreement or written submissions.
Legal Topics
['interlocutory Injunction' 'fair Work Commission Proceedings' 'prerogative Relief' 'unfair Dismissal' 'apprehended or Actual Bias' 'restraint of Solicitors From Acting' 'suppression and Non Publication Orders' 'open Justice']
['industrial Relations' 'practice and Procedure'] ['interlocutory Injunction' 'fair Work Commission Proceedings' 'prerogative Relief' 'unfair Dismissal' 'apprehended or Actual Bias' 'restraint of Solicitors From Acting' 'suppression and Non Publication Orders' 'open Justice']

Case Brief

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Procedural Posture

Application for Relief Under S 39 B of the Judiciary Act 1903 (cth) Concerning Fair Work Commission Proceedings / Interlocutory Applications for Injunctive Relief, Restraint of Solicitors, and Suppression or Non Publication Orders

Legal Issues

  1. 1 ['Whether the Fair Work Commission should be restrained from proceeding with matters U2020/1211 and C2020/4086 pending determination of the Federal Court application.' 'Whether the applicant had a prima facie case for prerogative relief concerning the allocation of the unfair dismissal proceeding to Deputy President Boyce and alleged bias, prejudice, malice or unfitness for office.' 'Whether the balance of convenience favoured interlocutory injunctive relief.' 'Whether MKI Legal should be restrained from continuing to act for RateIt in the Federal Court proceeding.' 'Whether suppression, non-publication, pseudonymisation or file-access restriction orders should be made under part VAA of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The interlocutory relief was refused because the applicant's proposed claims for prerogative and declaratory relief had weak prospects, particularly given the Fair Work Commission's statutory jurisdiction over the unfair dismissal proceeding and appeal, the absence of an apparent jurisdictional defect in Deputy President Boyce's appointment or allocation, and the availability of FW Act appeal mechanisms for complaints about rulings or bias. The balance of convenience did not materially favour restraining the FWC. The interests of justice did not require restraining MKI Legal from acting, as no inappropriate conduct in the Federal Court proceeding was shown. Suppression and non-publication...

Court Disposition

Applications for interlocutory relief dismissed; costs to be addressed by agreement or written submissions.

Orders

  • ["The application for interlocutory relief set out in the applicant's originating application dated 16 June 2020 be dismissed." "Each of the applicant's interlocutory applications dated 26 June 2020 be dismissed." "The applicant's interlocutory application dated 8 July 2020 be dismissed." 'By no later than 4:00pm on...