Wilkinson v Wilson Security Pty Ltd (No 2) [2022] FCA 1161

Wilkinson v Wilson Security Pty Ltd (No 2) [2022] FCA 1161

It is inappropriate for representative proceedings to be conducted by a person who is not legally represented, especially given the complexity and obligations toward group members, and there were no exceptional circumstances to justify allowing the applicant to continue in person.

Parties
Applicant: Peter Leslie Wilkinson; First Respondent: Wilson Security Pty Ltd; Second Respondent: Jose Canadas
Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Representative Proceeding Under Fair Work Act / Orders Made to Declass Proceedings; Post Application to Discontinue as Representative Proceedings
Outcome
Orders made to discontinue proceedings as representative proceedings; limitation periods to resume; no order as to costs; respondents to notify group members; case management hearing adjourned.
Legal Topics
Representative Proceedings, Legal Representation, Limitation Periods, Fair Work Act Applications
Employment and Industrial Relations Representative Proceedings Legal Representation Limitation Periods Fair Work Act Applications

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Parties

Peter Leslie Wilkinson

Applicant

Wilson Security Pty Ltd

First Respondent

Jose Canadas

Second Respondent

Procedural Posture

Representative Proceeding Under Fair Work Act / Orders Made to Declass Proceedings; Post Application to Discontinue as Representative Proceedings

Legal Issues

  1. 1 Whether proceedings should continue as representative proceedings conducted by applicant in person
  2. 2 Whether a representative applicant may appear in person on behalf of group members

Ratio Decidendi

It is inappropriate for representative proceedings to be conducted by a person who is not legally represented, especially given the complexity and obligations toward group members, and there were no exceptional circumstances to justify allowing the applicant to continue in person.

Court Disposition

Orders made to discontinue proceedings as representative proceedings; limitation periods to resume; no order as to costs; respondents to notify group members; case management hearing adjourned.

Orders

  • On and from 21 October 2022, proceedings shall no longer continue as representative proceedings under Part IV of the Federal Court of Australia Act 1976 (Cth).
  • Limitation period begins to run again on and from 28 October 2022.