Barnett v Territory Insurance Office [2011] FCA 155

Barnett v Territory Insurance Office [2011] FCA 155

The Court was not satisfied that the applicant had no reasonable prospect of successfully prosecuting the proceeding, as the legal issue—whether a common law contract is a 'workplace instrument' under the Fair Work Act 2009 (Cth)—is arguable and not 'fanciful or unarguable'; therefore, both the summary judgment and strike out applications should be dismissed.

Jurisdiction
Australia
Judgment Date
22 February 2011
Procedural Posture
Application for Summary Judgment and Strike Out of Pleadings / Interlocutory; Determination of Summary Judgment/strike Out Motion
Outcome
Respondent's motion for summary judgment or strike out dismissed
Legal Topics
['summary Judgment' 'workplace Instrument Under Fair Work Act' 'strike Out of Pleadings']
['employment Law' 'practice and Procedure'] ['summary Judgment' 'workplace Instrument Under Fair Work Act' 'strike Out of Pleadings']

Case Brief

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Procedural Posture

Application for Summary Judgment and Strike Out of Pleadings / Interlocutory; Determination of Summary Judgment/strike Out Motion

Legal Issues

  1. 1 ["Whether a written common law contract of employment is a 'workplace instrument' under the Fair Work Act 2009 (Cth)" 'Whether the applicant has no reasonable prospect of successfully prosecuting the proceeding']

Ratio Decidendi

The Court was not satisfied that the applicant had no reasonable prospect of successfully prosecuting the proceeding, as the legal issue—whether a common law contract is a 'workplace instrument' under the Fair Work Act 2009 (Cth)—is arguable and not 'fanciful or unarguable'; therefore, both the summary judgment and strike out applications should be dismissed.

Court Disposition

Respondent's motion for summary judgment or strike out dismissed

Orders

  • ['The motion of the respondent filed 4 February 2011 is dismissed.']